Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Seizure of narcotic---Appraisal of evidence---Benefit of doubt---Accused was found standing near ten sacks of narcotics at the time of raid---Despite the incident having occurred in a busy public place of a town where many private persons were available, Investigating Officer did not try to arrange any witness of the locality, who might have seen the accused in any manner linked with the said ten sacks of narcotics lying near the road in open space---None of the two prosecution witnesses of the recovery had stated that he had seen the accused either bringing the said sacks or carrying the same with him---Active possession of the sacks of the accused could not be proved merely by his standing near them---Accused had specifically deposed on oath in his statement recorded under S. 340(2), Cr. P. C. before Trial Court that the sacks of narcotics belonged to some other person who has slipped away on seeing the police raiding party and his statement might be true---Even the informer or any other person had not seen the accused loading or unloading the sacks containing narcotic substances from any vehicle or any other source---Knowledge of accused about the contents of these sacks and his ownership about the same was not even established on record---Delay of more than seven days in sending the samples of narcotics to Chemical Examiner for anlaysis was also not explained by the prosecution---Accused was acquitted on benefit of doubt in circumstances. (b) Criminal trial--- ----Appraisal of evidence---Benefit of doubt---Principle---Benefit of any reasonable doubt created in prosecution case is to be extended to the accused. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Nemo for the State. Date of hearing: 3rd November, 2009. JUDGMENT ANWAR ZAHEER JAMALI, J.---Through this criminal appeal, judgment dated 11-3-2008, passed by a Division of Lahore High Court, Bahawalpur Bench, in Criminal Appeal No. 276 of 2004, has been challenged by the appellant. 2. Briefly stated, relevant facts of the case, as per F.I.R. bearing No. 81 of 2004, dated 30-3-2004, registered at Police Station, Saddar,…

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