Law: Control of Narcotics Substances Act, 1997

Section: 48,9(c)

Law: Limitation Act, 1908

Section: 157

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S.48---Limitation Act (IX of 1908), Art. 157---Appeal against acquittal---Limitation---Appeal against acquittal is regulated by Art. 157 of Limitation Act, 1908, which provides limitation of six months in filing of appeal against acquittal. The State through Advocate-General Sindh, Public Prosecutor, Sindh, Karachi v. Raza Muhammad and another 1999 YLR 178 and The State v. Syed Ali Baqar Naqvi and others 2014 SCMR 671 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9 (c) & 48---Criminal Procedure Code (V of 1898), S. 417---Recovery of narcotics---Appreciation of evidence---Appeal against acquittal---Charas weighing 100 kilograms was allegedly recovered from a vehicle van which was being driven by one accused while the other was sitting on the sacks containing the narcotics---Appeal against acquittal had distinctive features and legal approach to deal with---Appeal against conviction was distinguishable from appeal against acquittal because presumption of double innocence was attached in the latter case---Judgment of acquittal could only be interfered with when it was found to be based on evidence as capricious, perverse, arbitrary or foolish in nature and the same was lacking against accused---High Court declined to interfere in the of acquittal of accused persons as the same did not suffer from any illegality---Trial Court had advanced valid and cogent reasons for passing a finding of acquittal in favour of accused persons and there was no legal justification to disturb the same---Appeal against acquittal was dismissed in circumstances. State v. Abdul Khaliq and others PLD 2011 SC 554; Inayat Ullah Butt v. Muhammad Javed and others PLD 2003 SC 563 and Mst. Anwar Begum v. Akhtar Hussain alias Kaka and 2 others 2017 SCMR 1710 rel. JUDGMENT ZULFIQAR ALI SANGI, JUSTICE:---.--- The State/ANF on being aggrieved and dissatisfied with the judgment dated 01.06.2010 passed by the learned Judge, Special Court-II (CNS), Karachi in Special Case No.356/2004 under FIR No.06/2004 for the offence under section 9/C CNS Act, 1997 at PS ANF-I, Karachi whereby the Respondents/ Accused Nos.1 and 2…

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