Case Details

Citation(s)
2023 SLG 531 2023 SLD 531 2023 PCRLJ 711
Balochistan High Court
Criminal Appeal No. (T) 112 of 2021, decision Dated: 15th August, 2022. heard on: : 5th August, 2022.
MUHAMMAD EJAZ SWATI AND IQBAL AHMED KHAN, JJ

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FAZUL and 2 others

VS

The STATE

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Transportation of narcotics---Appreciation of evidence---Benefit of doubt---Contradictory statements---Scope---Accused persons assailed their conviction under S. 9(c) of Control of Narcotic Substances Act, 1997---Complainant in his cross-examination stated that only some money was recovered from personal possession of the accused while a marginal witness stated that CNIC of accused was also recovered from personal search, in his presence---Contradiction was available in the statements of prosecution witnesses about receiving of information from a spy---Fard-e-bayan was sent through a constable for lodging the FIR but the prosecution did not produce him as a Court witness---One of the marginal witnesses had failed to identify the accused persons before the Trial Court, during his examination-in-chief---Vehicles used for transportation of narcotics were produced before the court but the engine numbers of both the vehicles were found different to those mentioned in the recovery memo---Record revealed that statement of accused was recorded by Investigating Officer…
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