Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Qanun-e-Shahadat (10 of 1984), Art.129, Illus.(g)--­Appreciation of evidence---Recovery witnesses had made contradictory statements---Best piece of evidence of private and independent witness having been- withheld by the prosecution without assigning any cogent reason, presumption under Illus. (g) of Art. 129 of Qanun-e-Shahadat, 1984, could be drawn against the prosecution making its case doubtful--­Out of two packets sealed at the place of incident of the "Charas" recovered from the accused only one packet was sent to the Chemical Analyser by the Investigating Officer which had lessened the gravity of the offence and benefited the accused---Prosecution had failed to prove the case against the accused beyond any shadow of doubt which had been artificially created by the Investigating Officer and the Prosecutor---Accused was acquitted on benefit of doubt accordingly. Ghous Bux v. State PLD 2004 Kar.201 and Iltaf Hussain v. State 1996 SCMR 167 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ---S. 9(b)---Qanun-e-Shahadat (10 of 1984), Art.129, Illus.(g)--­Appreciation of evidence---Principle---Withholding of the best piece of evidence available with a party gives rise to a presumption that it has some sinister motive behind it---In such a situation a presumption under Illus.(g) of Article 129 of the Qanun-e-Shahadat, 1984, can fairly be drawn that had the said piece of evidence been brought on the record, it would have been unfavourable to the said party. Ghous Bux v. State PLD 2004 Kar.201 and Iltaf Hussain v. State 1996 SCMR 167 ref. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.---The present appeal is directed against the Judgment, dated 28-2-2002 passed by the learned Ist Additional Sessions Judge/Special Judge Control of Narcotic Substances Thatta, in Case No. 169 of 1999 (State v. Sikandar). Under the impugned judgment, the learned Judge convicted the appellant under section 9(b) Control of Narcotic Substances Act, 1997 (in short Act, 1997) and sentenced him to suffer R.I. for 2-1/2 years and fine of Rs.10,000 or in default thereof to suffer S.I. for six (6) months. The trial Court…

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