Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(b)--Conviction and sentence--Challenge to--Recovery of charas--Prosecution has failed to prove case against appellants beyond any shadow of doubt--Elements of doubts surrounding prosecution case, as discussed in preceding paragraphs, have led the Court to hold that prosecution has failed to prove case beyond reasonable doubt to sustain conviction--Prosecution has not been able to establish that after alleged recovery of substance so recovered was kept in safe custody intact or otherwise--Even otherwise, accused is not obliged to establish number of circumstances creating doubts but even a single circumstance, creating a reasonable doubt in prudent mind is sufficient to extend benefit of same to accused--According to Section 29 of Act ibid, initial onus rest on prosecution and when prosecution discharged its liability, thereafter this onus shifts on accused to prove contrary but in case in hand, prosecution miserably failed to discharge its liability to bring home guilt to its hilt beyond shadow of any doubt--Appeal allowed. [Pp. 508 509] A, B C 2012 SCMR 577, 2015 SCMR 291 and 2015 SCMR 1002. JUDGMENT Raja Shahid Mehmood Abbasi, J.--This appeal is directed against the judgment dated 25.01.2018, passed by the learned Additional Sessions Judge/ Judge Special Court CNS, Rawalpindi, whereby, in case F.I.R. No. 223 dated 01.05.2015, registered at Police Station Naseer Abad, Rawalpindi, under Section 9(c) of the Control of Narcotic Substances Act, 1997, the learned trial Court convicted Khalil ur Rehman and Zeeshan Ahmed, appellants and sentenced them as under: Under Section 9(b) of the Control of Narcotic Substances Act, 1997, one year and nine months R.I. each with fine of Rs. 13,000/- each and in case of default of fine, to further undergo four months and 15 days S.I. each. The benefit of Section 382-B, Cr.P.C. was also extended to the appellants. 2. Succinctly, the allegations leveled against the appellants as portrayed through complaint (Ex.PC) are that on 1.5.2015 at about 11:110 p.m., Tahir Ahmad Rehan, SI (PW.3) along with other police contingent in connection search of drug paddlers, was…

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