Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possessing and trafficking narcotics---Appreciation of evidence---"Possession of narcotic"---Elements---Alleged recovery of narcotics, was not made from the direct physical and conscious possession of the accused, but was recovered from the house of acquitted co-accused---Mere presence of accused, would not be sufficient to connect accused with alleged narcotic substance---Prosecution had to prove two elements of possession i.e. (i) corpus, the element of physical control; and (ii) animus or intent with which such control was exercised and not merely the physical presence of accused in the house, the possession could not be inferred---Prosecution had not established connection with the parcel of sample deposited with the office of Chemical Examiner; it was unsafe to base conviction of accused on the basis of testimony of prosecution witnesses which could not be said to be trustworthy on the facts and circumstances of the case---Prosecution had failed to prove the guilt of accused beyond reasonable doubt---Trial Court, was not justified in convicting accused for committing the offence without any legal evidence worthy of credit available on record---Inherent illegality in the matter, being present, conviction of accused could not be upheld---Findings of the Trial Court were set aside---Accused was acquitted of the charge, and was directed to be released, in circumstances. THIS JUDGMENT DELIVERED BY: AALIA NEELUM, JUSTICE:---.--- Muhammad Tariq son of Muhammad Bashir, Caste Sheikh, resident of Bazar 30-Foota, Shehbaz Colony, Khiali Shahpur, District Gujranwala, appellant was involved in case FIR No. 241 of 2007, dated 30.5.2007, offence under sections 9(c), 15 of the Control of Narcotic Substances Act, 1997, registered at Police Station Peoples Colony, District Gujranwala and was tried by the learned Additional Sessions Judge, Camp at Central Jail, Gujranwala. The learned trial court seized with the matter in terms of judgment dated 12.10.2011 convicted the appellant under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced him to undergo imprisonment for life with the…

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