Law: Control of Narcotics Substances Act, 1997

Section: 9(a)(c)

[Control of Narcotic Substances Act (XXV of 1997)].......S 9(a) (c)---Appreciation of evidence---Alleged recovery of narcotic substance, though had been effected from possession of accused, but none of prosecution witnesses had uttered even a single word as to what had happened to recovered substance after its recovery and with whom same had been deposited for safe custody---Report of Chemical Examiner, however, had shown that docket of samples of recovered substance had been prepared and said samples had been dispatched by Excise and Taxation Officer and not by local police---Counsel for State had conceded that no evidence was available on record to show as to how samples of recovered substance had come in the hands of Excise and Taxation Officer and what was the evidence to confirm that same had been kept in safe custody while in possession of the Excise and Taxation Officer; it was, in circumstances unsafe to uphold and maintain conviction and sentence of accused recorded against him by Trial Court---Conviction and sentence recorded against accused by Trial Court, were set aside and he was acquitted of the charge by extending him benefit of doubt and he was released. ORDER ASIF SAEED KHAN KHOSA, J.---Muhammad Abbas appellant was convicted for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 vide judgment dated 22-7-2002 rendered by the learned Additional Sessions Judge, Ferozewala, District Sheikhupura and was sentenced to imprisonment for life and a fine of Rs.1,00,000. He was further convicted for an offence under section 9(a) of the Control of Narcotic Substances Act, 1997 and was sentenced to rigorous imprisonment for two years. Both the sentences of imprisonment passed against the appellant were ordered to run concurrently and the benefit under section 382-B, Cr.P.C. was extended to him. The appellant has challenged his convictions and sentences before this Court through the present appeal. 2. According to the prosecution the appellant had been apprehended by a police party at about 2-00 p.m. on 29-6-1998 at Menno Abad Bus Stop in Muridke, District Sheikhupura and Charas weighing 4300 grams and heroin weighing 100 grams were…

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