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---Prosecution case was that six kilograms of charas were recovered from the vehicle of the accused---Complainant stated that his personal monogram had an inscription of MK---No explanation was offered as to why the parcels did not contain the monogram of Seizing Officer, as such it had created a serious doubt regarding the seizer of contraband---Complainant admitted in his cross-examination that he kept 1/1 monogram inside each parcel---Said witness stated that if the case property had no monogram inside the parcel the same would have not been sealed by him at the spot---Fact of placing 1/1 sample monogram MK inside the parcel was also admitted by recovery witness in his cross-examination, however, when the Trial Court de-sealed the case property on the request of defence, there was no sample monogram inside the parcel---Held, in circumstances, it could not be concluded that the case property produced before the Trial Court was the same which was recovered from the vehicle---Circumstances established that the prosecution had miserably failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Akhtar Iqbal v. The State 2015 SCMR 291 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that six kilograms of charas were recovered from the vehicle of the accused---Complainant stated that nothing was handed over to the Investigating Officer when he came to the spot for investigation---Said fact had been contradicted by recovery witness in his cross-examination by admitting that when the Investigating Officer came to the spot, case property was present on the spot---Case property including the vehicle was delivered to the Investigating Officer on the spot---Admittedly, nothing had been recovered from the accused like Driving Licence or any other document which suggested that he was driver of…

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