Law: Control of Narcotic Substances Act, 1997

Section: 6,9(C),8(B),12,13,19,37

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 6, 9(c), 8(b), 12, 13, 19 & 37---Possession of narcotics, trafficking or financing the trafficking of narcotic drugs, acquisition and possession of assets derived from narcotic offences, forfeiture of assets of an offender, freezing of assets---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused persons were seen by raiding party in possession of narcotics when two of them escaped from the spot and one was arrested---Prosecution case was doubtful for the reason that two persons had escaped from the spot in the presence of trained officials of Anti-Narcotics Force, which was not understandable---Prosecution had failed to prove safe custody of the narcotic substance and its safe transmission to the Chemical Examiner---Trial Court had rightly pointed out infirmities in the case of prosecution---Judgment passed by trial court was neither arbitrary nor capricious---Scope of appeal against acquittal was considerably narrow and presumption of innocence was attached to the order of acquittal---Appeal against acquittal was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Scope---Where accused is acquitted from the charge by a court of competent jurisdiction, double presumption of innocence is attached to its order with which High Court is always slow to interfere. The State and others v. Abdul Khaliq and others PLD 2011 SC 554 and Zulfiqar Ali v. Imtiaz and others 2019 SCMR 1315 rel. JUDGMENT ABDUL MOBEEN LAKHO, J./accused Shah Muhammad alias Shahan, Abdul Majeed and Manzoor Ali were tried by learned Special Judge (CNS), Khairpur in Crime No.03 of 2005, registered at Police Station ANF Sukkur, for offences under sections 6, 9(C), 8-B, 12, 13, 19 and 37 CNS Act, 1997 and by judgment dated 05.10.2006, the respondents/accused were acquitted of the charge. Hence, instant Criminal Acquittal Appeal is filed by the appellant/ ANF. 2. Brief facts of the case are that on 03.06.2005, complainant Sub-Inspector Sher Ali Sheerazi received information through special informer that Abdul Majeed Chandio and Manzoor Chandio are…

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