Law: The Control Of Narcotic Substances Act. 1977.

Section: 9C

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

  Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic substances---Reappraisal of evidence--Benefit of doubt---Contradictions in the statements of witnesses---Scope--Prosecution case was that 21.150 kilograms of charas and 1200 grams opium was recovered from secret cavities of the vehicle driven by appellant---Seizing Officer reiterated the same story as set forth in the FIR regarding the arrest of the petitioner and the alleged recovery of narcotics from secret cavities of the vehicle---Recovery witness also posed to have witnessed the recovery---According to the Seizing Officer, the Motorway Police Officials were present at the time of recovery of the narcotics from the vehicle---However, said witness candidly admitted that he neither requested nor directed any of Motorway Police Officials to witness the recovery proceedings---Said witness further conceded that any incident occurring on the Motorway was mandatorily reported to the Motorway Police---Seizing Officer had not furnished any explanation, much less plausible, as to why the motorway Police Officials who allegedly helped in intercepting the vehicle of the petitioner, were not cited as witnesses to the recovery proceedings or at least cited as prosecution witnesses in the challan---Police Official of Motorway Police was summoned as Court witness---Bare perusal of deposition of Court Witness revealed that he completely refuted the version of Seizing Officer---Said witness deposed that on 06.07.2012, he along with one SR was on routine patrolling duty when they intercepted and apprehended a vehicle allegedly driven by the petitioner on the spot; that upon search of the vehicle, 22.500 kilograms of charas and 6.500 kilograms of opium were recovered; that he immediately informed the DSP, the Control room and other police station about the incident; that information was also conveyed to the Anti Narcotic Force who reached the spot and the recovered contraband along with the apprehended accused and the vehicle was handed over to them through a proper receipt---During cross-examination by the defence, Court Witness stated that the incident occurred during daytime…