Law: Control of Narcotics Substances Act, 1997

Section: 12,13,48,68

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

Control of Narcotic Substances Act (XXV of 1997)--- ---Ss. 12, 13, 48 & 68---Criminal Procedure Code (V of 1898), S.417(2-A)---Possession of narcotics---Prohibition of acquisition and possession of assets derived from narcotic offences---Appeal against acquittal---Special Court recorded the evidence of the parties and trial ended in acquittal of accused and dismissal of the claim of prosecution of forfeiture of property allegedly derived by accused from narcotic offences---Prosecution had filed appeal against acquittal---Prosecution seemed to have failed to establish accused as drug peddler, being the first and foremost element of facts justifying for proceedings against perpetrator of crime and his property---Besides no record of narcotic business or dealings against accused in the matter existed---Mere pendency of any case under Control of Narcotic Substances Act, 1997, either in investigation or at trial, alone, would not prove the subject "drugs dealer" and the property as crime proceeds so as to attract the provisions of law applied in the case---Prosecution should have reasonably carried out the investigation of the property in question being crime proceeds, together with the indictment of accused after his arrest and effecting recovery of the narcotic substances culminating in prosecution and trial thereagainst--Charge and claim under Ss.12 & 13 of the Control of Narcotic Substances Act, 1997 should have been levelled together with the charge of possession and recovery of the narcotic substances-Material collected thereagainst should have been placed before the Trial Court together with the charge-sheet---Same having not been done by the prosecution, impugned was well reasoned and there appeared to be no misreading or non-reading of evidence---Judgment of lower forum was upheld and appeal against acquittal was dismissed. THIS ORDER PASSED BY: AMIR HANI MUSLIM, JUSTICE---.--- This criminal acquittal appeal arises out of the judgment dated 20-7-2008 passed by the Judge Special Court-II, C.N.S., Karachi, acquitting the respondent of the offence he was charged with, with the prayer that the same may be set aside and the respondent may be convicted…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492