Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contents of murasila and statements of prosecution witnesses were not in line with each other---Accused was resident of the area and owned agricultural land near the alleged place of occurrence and also owned residential house as well as a market consisting of 35 shops in close proximity of the spot---Star witness of prosecution who received alleged spy information and also supervised the raid proceedings, failed to appear before the court for recording his evidence against accused---Except spy information, no other evidence had been brought on the record to connect or link accused with the alleged recovered narcotics---Prosecution witness who posed himself to be eye-witness of the occurrence, in spite of being present at the spot did not see any proceedings of recovery or arrest of accused with alleged narcotics---Said witness who was a Foot Constable (Narcotics), and was present with the complainant from the beginning till drafting of the murasila strangely did not notice any arrest proceedings conducted by the complainant--Investigation, in circumstances, had not been conducted in the manner as shown by the complainant---Recovery of contraband was also doubtful for the reason that same was not made in presence of public witnesses---In such like cases a single infirmity, which would create reasonable doubt, in the prudent mind was sufficient for acquittal of accused---Prosecution story being full of doubts lacked the quality for maintaining conviction of accused and could not be believed---Extending benefit of doubt to accused, of the Trial Court was set aside and accused was released. Imtiaz v. The State PLD 2008 Pesh. 19 and Shair Khan v. The State 2009 PCr.LJ 523 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S.103---Possession of narcotics---Recovery proceedings---Prior information---Recovery of contraband was doubtful for the reason that recovery was not made in the presence of public witnesses---Though the applicability of S.103, Cr.P.C.…

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