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 twenty seven kilograms of Charas was recovered from the luggage of accused persons while they were travelling through a bus---Prosecution case was that two bags containing Charas allegedly belonging to the accused, who were travelling in the bus, were secured by the Ranger Officials from the roof of the bus---Accused admitted that those bags belonged to them---Such prosecution evidence was not acceptable mainly for the reasons that luggage of all the passengers were lying on the roof of the bus---During investigation, neither the tickets of bus were collected/recovered from the accused nor tags of those bags were recovered for connecting the accused in the commission of crime---Admittedly, bags were lying upon the roof of the bus---Legally, the recovery of Charas was not from the exclusive possession of the accused---Trial Court convicted the accused on the ground that the accused admitted during interrogation in presence of the Ranger Officials that those bags belonged to them---Such evidence was legally in-admissible---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances. Muhammad Noor and others v. The State 2010 SCMR 927; Ikramullah and others v. The State 2015 SCMR 1002; Muhammad Sarfraz v. The State and others 2017 SCMR 1874; Muhammad Khan v. The State 2008 SCMR 1616; Roshan v. The State 2018 PCr.LJ Note 26 and Liaquat Ali and another v. The State 2018 PCr.LJ 257 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---Possession of narcotics---Appreciation of evidence---Defective investigation---Scope---Prosecution case was that twenty seven kilograms Charas was recovered from the luggage of accused persons while they were travelling through a bus, hence the FIR---Investigating Officer failed to examine the bus driver and its cleaner so also the passengers who were travelling in that bus to establish the ownership of the accused with regard to the bags lying on the roof of…

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