Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 6 & 9(c)---Possessing and trafficking narcotics---Appreciation of evidence---Benefit of doubt---Documents produced on record had proved that accused who was only the Chowkidar of Godown from where contraband items were recovered, had nothing to do with said items---Nothing incriminating was recovered from the Chowkidar, except a visiting card, a mobile phone and some cash---Special Prosecutor agreed that the role of accused was different from the role of other accused person---Prosecution had failed to connect accused (Chowkidar) with absconding accused---Even the spy had not named accused among the suspected drug peddlers---Prosecution had failed to connect accused with recovery of said contraband items and mere presence of accused on the place would not implicate him in the involvement of said crime---Reasonable doubt, in circumstances had been created with regard to the role of accused---Prosecution having not been able to establish its case, accused was liable to be given the benefit of doubt; it was better to acquit 100 guilty persons than to charge one innocent person---Accused in circumstances was acquitted of the charge and was released. Haji Inayat and another v. The State 2010 PCr.LJ 825; Ghulam Hussain and 9 others v. The State 2011 PCr.LJ 72; Mian Muhammad Arshad v. The State 2003 PCr.LJ 762; Amanat Ali and 2 others v. The State 2008 SCMR 991; Haji Rab Nawaz v. Sikandar Zulqarnain and 7 others 1998 SCMR 25; Muhammad Iqbal v. The State 1984 SCMR 930; Noor Alam v. The State 2003 PCr.LJ 2003; Sher Khan v. The State 2003 MLD 259; Zahoor Ahmed Awan v. The State 1997 SCMR 543; Nek Muhammad and another v. The State PLD 1995 SC 516; Shawaz Khan v. The State 2009 PCr.LJ 480; Sherzada v. The State 1993 SCMR 149; Munawar Hussain Manj v. The State 2003 YLR 1035; Johar Ali and another v. The State 2003 PCr.LJ 680; Nazar Hussain v. The State 2007 YLR 1601; Din Muhammad v. The Crown 1969 SCMR 777; Abid Ali and 2 others v. The State 2011 SCMR 208; The State v. Tariq Mehmood 1987 PCr.LJ 2173; Muhammad Idrees Butt and 4 others v. The State 2004 YLR 3017; Rab Nawaz and others v. The State PLD 1994 SC…

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