Law: Control of Narcotics Substances Act, 1997

Section: 48, 6, 9(2), 14, 15, 29

Law: Code of Criminal Procedure, 1898

Section: 382-B, 265-C, 342, 340(2)

Summary: The appellant was convicted by the Special Court (CNS) for involvement in narcotics smuggling through a courier shipment containing methamphetamine hidden in sports balls. The High Court, in appeal, found that the prosecution failed to prove conscious possession or direct linkage of the appellant with the contraband beyond reasonable doubt. Key evidence such as CCTV footage, direct recovery from the appellant, and proper proof of authorship of courier documents was missing. Due to these gaps and the benefit of doubt principle, the conviction was set aside and the appellant was acquitted. Sections / Provisions Used: Section 48 — Control of Narcotic Substances Act, 1997 Sections 6, 9(2), 14, 15 — Control of Narcotic Substances Act (as amended 2022) Section 29 — Control of Narcotic Substances Act, 1997 Section 382-B — CrPC Section 265-C — CrPC Section 342 — CrPC Section 340(2) — CrPC 2-Word Descriptions: Narcotics Acquittal Reasonable Doubt         JUDGMENT This Crl. Appeal, filed under Section 48 of the Control of Narcotic Substances Act, 1997 calls in question the judgment, dated 18.10.2024, (“impugned judgment”) passed by the Special Court-I (CNS), Karachi (“Trial Court”) in Special Case No. 80 of 2023, arisen out of FIR No. 39 of 2023 registered at P.S. ANF, Korangi-Karachi under Sections 6,9(2) read with Sr. No. 6, 14, 15 of the Control of Narcotic Substances (Amendment) Act, 2022 (the “Act”), whereby the Appellant, Muhammad Abid Awan, was convicted for an offence under Section 9(2) read with Sr. No. 6 of the Act and sentenced to undergo R.I. for eight (08) years and to pay fine of Rs. 12,00,000/, or in default thereof, he would suffer S.I for one (01) year more. The benefit of Section 382-B, CrPC was, however, extended to him.   The case of the prosecution, as set up in the FIR, is that, on 17.06.2023 at about 0330 hrs., pursuant to information from DHL’s Export Supervisor (Asad Muqeem), ANF officials examined a suspicious shipment at DHL Head Office near JIAP, Karachi, booked through AJ Express Worldwide Courier, destined for Sri Lanka.…