Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 161,342,382B,417(2A)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possessing and trafficking narcotics---Appreciation of evidence---Benefit of doubt---Case of the prosecution was not free from contradiction---Major contradictions were noticed in the deposition of prosecution witnesses regarding the place of incident, and as to members of raiding party---No explanation was available with the prosecution as to why the case property was unsealed in presence of Special Public Prosecutor and not in the court---Case property having been produced in unsealed condition, same could not be safely relied upon---Marked distinction was found in the signature of accused available on the rent-a-car agreement and the one on his CNIC, which aspect had also remained unanswered---Contradiction in the deposition of the prosecution witnesses with regard to weighing of contraband items had created doubt about the weight of the items alleged to have been recovered from the accused---No previous record of conviction against accused persons was available---Accused had been mentioned as an international narcotics peddler and was arrested on the pointation of the spy who had identified him to be an international drug smuggler, but both the prosecution witnesses had admitted that they had no record of accused being involved in any charge prior to the present event---Labelling accused as an international drugs peddler without any cogent material or evidence, appeared to be uncalled for on the part of the prosecution---Samples were not drawn from each packet and receipt of Maalkhana was also not produced by the prosecution---To bring home the case of prosecution without any tinge of doubt, prosecution had to prove its case beyond all reasonable doubts---Whenever any doubt was created, accused was liable to be acquitted, not as a matter of grace, but as a matter of right---Such aspect appeared to be lacking in the case---No description about weight of narcotics was mentioned in the mashirnama---No contraband item was recovered from physical search of accused---Contra-dictions/irregularities in the case were enough to create doubt with regard to involvement of accused in the crime---By…

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