Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Crl. A. No. 51188 of 2022, heard on 9.1.2023. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Allegation of--Recovery of heroin--If prosecution witness’s design was obvious, we do not see why trial Court cannot, during course of prosecution witness’s cross-examination, permit person calling him/them as a witness/witnesses to put questions to him/them which might be put cross-examination by adverse party--In course of cross-examination, when favorable answers had been elicited, same would be considered by trial Court while passing final --The prosecution has badly failed to establish that appellant associated, facilitated, and abetted in booking parcels by using fake documents (edited I.D. card vide airway bill for U.K from New Jerry Denata Cargo Shed, Allama Iqbal International Airport, Lahore--But despite same, Judge recorded findings holding appellant guilty for offense charged with placing strong reliance on perception--The method adopted by Judge is not in conformity with settled principles of burden in proof of criminal jurisdiction--Hence, this Court has no hesitation in holding that findings recorded by learned Judge suffer from legal infirmity and are liable to be set aside in light of evidence available on record, especially admission made by PW-3 investigating officer that appellant was not aware of presence of narcotics substance in consignment--In instant matter, prosecution did not choose to assail appellant’s acquittal from charge under Sections 420, 468, and 471, PPC--There is no acceptable evidence before Court--Hence, prosecution miserably failed to establish appellant’s guilt under Section 9-C of The Control of Narcotic Substances Act, 1997; accordingly, appellant deserves to be given benefit of doubt, and findings in this regard are required to be set aside, and same are set aside.                                                                            [Pp. 317 319] A B JUDGMENT Miss Aalia…

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