Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c)

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt--Prosecution case was that a consignment owned by accused containing 22.038 kilograms heroin was taken into possession by the police---Allegedly, an international smuggler "T" had secretly concealed heroin in the cloth consignment-- Admittedly, the prosecution witnesses, i.e., the complainant (Investigating Officer) and recovery witness made a statement revealing that during the investigation, no connection of the accused was found with "T" or that he was aware of the presence of any narcotic substance concealed in the consignment--Said witnesses had not supported the prosecution version---Admittedly, in the presence of the Prosecutor for ANF, the statements of said witnesses were recorded and said witnesses were not declared hostile by the Trial Court---Prosecution witnesses deposed similarly about the role of accused, which was found during the investigation---Otherwise, if the prosecution witness's design was obvious, why the Trial Court could not, during the course of the prosecution witness's crossexamination, permit the person calling him/them as a witness/witnesses to put questions to him/them which might be put in cross-examination by the adverse party---In the course of cross-examination, when favorable answers had been elicited, the same would be considered by the Trial Court while passing the final judgment---Trial Court, while passing the judgment, whereby conviction and sentence of the accused were recorded, had not considered the evidence of the prosecution witnesses---Circumstances established that the prosecution failed to establish the guilt of accused beyond any shadow of doubt---Appeal was allowed accordingly.Date of hearing: 9th January, 2023.JUDGMENTAALIA NEELUM, J.---Shuja-ul-Haq Malik, son of Abdul Habib Malik, Caste Malik, resident of House No.16-B, Badar Street, New Abadi, Garrhi Shahu, District Lahore, the appellant was involved in case FIR No.79-2021, dated 25.08.2021, offence under Section 9(c) of The Control of Narcotic Substances Act, 1997 and offence under Sections 420, 468, 471, P.P.C., registered…