Law: Control of Narcotic Substances Act, 1997

Section: XXV,6,9(2)

(a)    Control of Narcotic Substances Act (XXV of 1997) [as amended by Controlof Narcotic Substances (Amendment) Act (XX of 2022)]--- ----Ss. 6 & 9(2), Sr. No.(6)---Appreciation of evidence---Benefit of doubt--Vehicle not produced before the Court---Prosecution case was that 2000-grams ICE (Methamphetamine) was recovered from the vehicle driven by accused--Alleged bus/coach had not been produced before the Trial Court at the time of recording evidence of witnesses---Investigating Officer visited the place of incident on the pointation of complainant and prepared such memo. but he did not bother to inspect the coach in order to verify as to whether there was sufficient space under the driver seat to keep the alleged recovered ICE---Nonproduction of alleged coach at the time of examination of witnesses casted serious doubts in prosecution case---As per prosecution claim, the alleged coach reached the pointed place from T without any passenger, co-driver and conductor---In his cross-examination, Investigating Officer showed unawareness about any other driver and conductor in the coach---Investigating Officer did not remember if the appellant being single driver had driven the coach from T to K --Said fact did not appeal to a prudent mind that a passenger carriage would start its travel from T to K without boarding any passenger and having no other codriver or conductor and did not stop at any police, customs and excise posts in its route of more than 650 kilometer for checking purpose---Said facts of the case led to inference that the entire exercise of arrest of appellant and recovery of the Ice from his possession in the instant case was highly doubtful---Appeal was allowed and conviction and sentence of accused were set-aside. (b)    Criminal trial--- ----Benefit of doubt---Principle---If a single circumstance creates reasonable doubt in a prudent mind about the guilt of the accused, then accused would be entitled to such benefit not as a matter of grace and concession, but as a matter of right. Muhammad Akram v. The State 2009 SCMR 230 rel. Date of hearing: 17th February, 2025. JUDGMENT TASNEEM SULTANA, J.---Through this…