Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody---Non-association of private witnesses---Non-production of roznamcha entry of malkhana---Non-production of vehicle---Effect---Accused persons were alleged to have been transporting 90 kilograms of hashish in a car---Names of officials accompanying the complainant as mentioned in the FIR contradicted with the departure entry of daily diary as it indicated two additional names, thus a serious doubt arose in respect of the names of police party which conducted the raid---Raid was conducted on a tip off but no serious effort was made by the police party to associate any independent or private witness---One of the prosecution witnesses had deposed that sample, sent to the Chemical Examiner, had three seals on it but the report of Chemical Examiner indicated only two seals---Statement of complainant did not disclose anything about the safe custody of the recovered narcotic---Neither the roznamcha entry of malkhana was produced nor the Incharge of malkhana was examined before the Trial Court---Safe custody of case property, in the absence of such evidence, remained questionable---Vehicle in which the narcotic was being transported was neither seized as case property nor produced during the trial---Case against accused persons was engulfed under the thick clouds of doubts---Appeals were allowed, in circumstances. Ikramullah and others v. The State 2015 SCMR 1002 ref. (b) Criminal trial--- ---Benefit of doubt---Scope---Benefit of doubt shall always go in favour of accused. JUDGMENT FAHIM AHMED SIDDIQUI, JUSTICE:---.--- This single judgment will dispose of the aforementioned Criminal Appeals directing against the one and the same judgment dated 06.12.2016, whereby the appellants have been convicted and sentenced for life as well as to pay of fine of Rs.1,00,000/- each in Special Case No.93 of 2015, under Section 9(c) of CNS, Act. It has been observed in the impugned judgment that in case of failure to make payment of fine, the appellants have to undergo SI for six months. However, the benefit of Section 382, Cr.P.C.…

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