Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

PLJ 2026 Cr.C. (Note) 66 [Sindh High Court, Circuit Court Hyderabad] Control of Narcotic Substances, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of charas--Benefit of doubt--It is settled law that even a single doubt in prosecution story is disastrous for prosecution case and its benefit must go to accused.     [Para 6] A 1995 SCMR 1345. Control of Narcotic Substances, 1997 (XXV of 1997)-- ----S. 9(c)--Recovery of charas--Benefit of doubt--Concept of--The concept of benefit of doubt to an accused person is deep rooted in our country--For giving him benefit of doubt, it is not necessary that there should be many circumstances creating doubts--If there is a circumstance which creates reasonable doubt in a prudent mind about guilt of accused, then accused will be entitled to benefit not as a matter of grace and concession but as a matter of right.                                                                                              [Para 6] B Control of Narcotic Substances, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Benefit of doubt--Only one doubt is sufficient to disbelieve case of prosecution but in present case, there are series of circumstances creating doubts and under settled principle of criminal justice, benefit of doubt goes to present appellant. [Para 7] C Judgment Fahim Ahmad Siddiqui, J.--Through the instant appeal, the appellant has assailed the judgment dated 12th September, 2017, passed by the learned Sessions Judge/Special Judge (Narcotics), Tando Muhammad Khan, in Special Case No. 04/2015 (Re: The State v. Farhan) whereby he has been held guilty of the offence under Section 9(c) of the…