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---Scope---Accused was alleged to have been found in possession of 15 kilograms of doday of poast---Sample-bearer had kept the sample parcel in his possession for one day---Date of submission of sample in the Forensic Laboratory given by sample-bearer was contradicted by the Forensic Laboratory---Safe custody of the sample parcel could not be said to have been proved, rendering the prosecutions case to be doubtful and under the law, the doubt was always resolved in favour of the accused---Appeal against conviction was allowed, in circumstances. The State through Regional Director ANF v. Imam Bakhsh and others 2013 SCMR 2039 rel. (b) Criminal trial--- ----Benefit of doubt---Scope---Accused is not obliged to establish a number of circumstances, creating reasonable doubts for earning an acquittal but even a single circumstance, creating reasonable doubt in the prudent mind is sufficient to extend him the benefit of doubt, in the shape of his acquittal. Muhammad Ashraf and others v. The State and others PLD 2015 Lah. 1 and Muhammad Zaman v. The State and others 2014 SCMR 749 ref. JUDGMENT ANWAARUL HAQ PANNUN, JUSTICE:---.--- Through this appeal under Section 48 of The Control of Narcotic Substances Act, 1997 (CNSA, 1997), the appellant Rashid alias Bhori has challenged his conviction and sentence awarded to him, vide judgment dated 30.06.2016, passed in case/FIR No.452, dated 27.11.2014, offence under Section 9(c) of CNSA, 1997, registered at Police Station Sarwar Shaheed, District Muzaffargarh, passed by learned Addl. Sessions Judge/Special Judge (CNS), Kot Addu, whereby the appellant has been convicted and sentenced as under:- Under Section 9(c) of CNSA, 1997 “to undergo imprisonment for life with fine of Rs.30,000/- and in default, he shall further undergo 01 year and 04 months simple imprisonment. The benefit of Section 382-B, Cr.P.C. was extended to the convict.” 2. The prosecutions version as contained in the FIR (Exh.PC), lodged on the complaint of Muhammad Ilyas ASI (Exh.PB) is that on 27.11.2014 at about…

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