Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ---S. 9(c)---Appreciation of evidence---Prosecution case was full of doubts and defects and material contradictions existed in statements of the prosecution witnesses---Complainant while appearing as prosecution witness had stated that after completion of the requisite formalities he had himself drafted the Murasila, but in cross-examination he had taken a different stand by stating that under his dictation, the Murasila was drafted by his subordinate---Stance of the complainant was that he himself searched the coach and deboarded all the passengers therefrom during search proceedings---Complainant was negated by statement of prosecution witness who had states[ that only the driver of the coach was deboarded and during search of the vehicle the Charas was recovered while none of the passengers was either searched or deboarded therefrom---Such contradiction in the statements of the prosecution witnesses were sufficient to hold that prosecution had failed to bring home guilt of accused---Trial Court, in circumstances, failed to properly appraise the evidence brought on record---Impugned of conviction of accused was not based on sound reasoning and the evidence brought on record had not been correctly appreciated by the Trial Court---Prosecution had not been able to prove its case against accused beyond any shadow of reasonable doubt and benefit of such doubt would go in favour of accused---Impugned conviction and sentence of accused, were set aside and he was acquitted of the charge against him. THIS ORDER PASSED BY: SHAHJI RAHMAN KHAN, J.- This criminal appeal is directed against the judgment, dated 24-1-2008 passed by the learned Additional Sessions Judge-II Bannu, whereby the appellant, Inamullah Khan, was found guilty for an offence under section 9(b) C.N.S.A. and on conviction has been sentenced to six months' R.I. and to pay fine of Rs.5,000 or in default thereof to further undergo simple imprisonment for three months with benefit under section 382-B, Cr.P.C. 2. The prosecution case as gleaned from the Murasila (Exh.P.W.1/1) is that Gul Hamid Khan S.H.O. of Police Station Township Bannu was present on…

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