Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Narcotic substance, recovery of---Appreciation of evidence---Safe transmission---Proof---Benefit of doubt---Chars Garda weighing 2000 grams was alleged to have been recovered from the possession of accused---Discrepancies in testimonies of two prosecution witnesses, non-producing of police official to prove safe transmission of parcel to the office of Chemical Examiner and non-separation of samples from each piece were matters of concern and collectively incredulity---Prosecution failed to establish case against accused beyond reasonable doubt---Material contradictions existed in statements of prosecution witnesses, which rendered the case doubtful---Safe transmission of alleged recovered contraband was also not established---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of the charge---Appeal was allowed, in circumstances. Minhaj Khan v. The State 2019 SCMR 326; Ameer Zeb v. The State PLD 2012 SC 380; Haji Nawaz v. State 2020 SCMR 687; State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Ikramullah and others v. The State 2015 SCMR 1002; Amjad Ali v. The State 2012 SCMR 577 and Siraj-ud-Din v. The State (Criminal Appeal No.579 of 2017) ref. JUDGMENT GHULAM AZAM QAMBRANI, JUSTICE:---.--- The appellant, through the instant Criminal Appeal has assailed impugned judgment, dated 26.04.2014 passed by the learned Additional Sessions Judge/Special Judge CNSA, Islamabad (East) in case FIR No.84, dated 21.03.2011 registered at Police Station Bhara Kahu, Islamabad, for the offence punishable under Sections 9(c) and 15 of the Control of Narcotic Substances Act, 1997. The impugned judgment was pronounced after finding the appellant guilty for an offence under section 9(b) of the Control of Narcotic Substances Act, 1997 and sentenced him to imprisonment for two (02) years and fine of Rs.20,000/- and in default, he shall suffer simple imprisonment of one (01) month. 2. The factual matrix of the case is that during interrogation Faizan Anjum/ accused of FIR No.83 of 2011, disclosed that he had purchased the Chars, recovered in the said…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492