Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 25 & 9(b)---Criminal Procedure Code (V of 1898), S.103---Search and arrest, mode of---Exemption of applicability of S.103, Cr.P.C.--­Effect---Exception of applicability of S.103, Cr.P.C. in cases under the Control of Narcotic Substances Act, 1997 as provided under S.25 of the said Act, could give a legal technical support to the admissibility of the evidence of official witnesses, but it would not make them reliable---Man could not be made moral through legislation---Evidence of such official witnesses should always be examined keeping in view the fact that in a society with the level of moral values that unfortunately prevails, a subordinate official is seldom expected to tell the truth in deviation of express or implied instructions of his superior. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Appreciation of evidence---Excise Inspector, at the relevant time was on patrol in company of eight other Excise Officials, but in the charge­sheet submitted before the Trial Court, the Investigating Officer had mentioned only two witnesses in addition to himself and only one witness in addition to Investigating Officer were examined before the Trial Court--­Presumption could be that prosecution witnesses who were not examined, would not have supported the prosecution case---Material contradictions existed in evidence of prosecution witnesses with regard to preparation of Mashirnama which had rendered the whole prosecution case doubtful and the accused could not be deprived of the benefit of such doubt---Conviction and sentence awarded to the accused by the Trial Court were set aside and the accused were ordered to be released forthwith. JUDGMENT S. A. RABBANI, J.---On the charge of possession of one kg. opium, the appellant was convicted on 18-11-2000, by the Special Judge for Control of Narcotic Substances, Larkana, under section 9(b), Control of Narcotic Substances Act, 1997. He was accordingly sentenced to suffer R.I. for seven years and to pay a fine of Rs.20,000. This conviction and sentence has been called in question by way of present appeal. 2. The case of the…

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