Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Benefit of doubt---Despite having received prior information S.H.O. had not asked any private person to join raid proceedings---Search warrant had been obtained by police against two persons, but name of one person had been concealed in the F.I.R.---No evidence was brought on record by prosecution to prove that the house against which the search warrant was obtained was owned by the accused---Recovered "charas" was not sealed at the time of its recovery, but had been sealed after handing over the same to Investigating Officer---Delay in sending the sample of the recovered material to the Forensic Science Laboratory was not explained---Raid appeared to be a concocted one and the prosecution story had been cooked up only to enrope the accused---Holding of "charas" by the accused in a polythene bag in his hand and standing in the courtyard did not appeal to a prudent mind, as if he was waiting for the raid and producing the same before the police---Prosecution case was full of doubts, benefit of which had to be given to accused---Accused was acquitted in circumstances. 2011 PLD Pesh. 152; 2001 PCr.LJ 1762 and 2007 PCr.LJ 129 ref. THIS JUDGMENT DELIVERED BY: KHALID MEHMOOD KHAN, J.--- Appellant, namely, Azmat Khan son of Nekam Zad, has challenged the judgment/ order passed by learned Addl: Sessions/ Judge Special Court, Bannu on 5-5-2011 vide which he has been convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to four years' imprisonment with fine of Rs.10,000. In default of payment of fine he has further been directed to undergo six months' S.I. 2. Short facts of the present case as per F.I.R. are that on 12-5-2010, complainant Muhammad Ismail Khan S.H.O. Police Station, Basia Khel, Bannu upon complaint of general public that accused/appellant Azmat Khan son of Nekam Khan is dealing with business of narcotics, on obtaining search warrant from Judicial Magistrate-I, Bannu conducted raid on the house of accused/appellant and apprehended him with a polythene bag in his right hand. The said polythene bag, on checking, was found…

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