TARIQ PARVEZ KHAN, J.--- Brief facts of the case are that on 8-7-1996 at 3-30 hours Tajmin Ali, F.I.O.
S.H.O. (P.W.1) alongwith other narcotic staff had signalled to stop one NLC Truck bearing No,829113 on Kohat - Bannu Road near graveyard of village Jarma. Th vehicle first slow down but then speeded up and ultimately it was stopped. It is alleged that the driver of the vehicle, however, escaped. The truck was taken to A.N.F. Police Station and from the truck seventy bags containing 1546 kilograms Charas was recovered. During search of the truck a driving licence in the name of Muhammad Shafiq, the present appellant was recovered and hence he was booked as accused o: the case.
2. The case of the prosecution is that not only huge quantity of narcotic drugs have been recovered and because the truck in question was being driven by Muhammad Shafiq appellant and also because according to the statement of Lt.-Col. (Retd.) Tariq Shafi (P.W.2) appellant was the custodian of the vehicle, charge of possession and trafficking of narcotic drugs stand proved against the appellant.
3. Appellant's case before us is that he has been made a scape-goat in this case and mere recovery of driving licence from a vehicle would not be considered proof that at the relevant time it was being driven by the person whose driving licence has been recovered. It is argued on behalf of the appellant that the whole record is silent as to the entrustment of the vehicle in question to the present appellant and conviction cannot be recorded on the basis of an inference drawn from the fact that the driving licence of the appellant was found in the vehicle.
4. No doubt, in this case huge quantity of narcotic has been recovered from the truck in question but because nobody was arrested at the time of stopping of the truck and the only connecting evidence against the appellant is the recovery of his driving licence from the vehicle, it was incumbent upon the prosecution to have established that the truck NLC was actually entrusted to the appellant by some authorized officer describing the date of entrustment and they should have also positively proved that even on the date of occurrence the truck was not only possessed but was physically under the use of the present appellant.
' Lt.-Col. (Retd.) Tariq Shafi who is Officer Commanding Container Freight Station NLC Amangarh Nowshera has though made reference to a certificate Exh.P.W.2/1 showing the entrustment of vehicle to the appellant but such certificate is again undated and also because it does not contain the period during which the vehicle in question was under the use of the present appellant. This witness has admitted in his cross-examination that he does not know as to how long this vehicle C remained with the appellant. He also admitted that certificate Exh.P.W.2/1 stands issued on the basis of information conveyed to him by Officer Commanding 6-Dry Cargo Transport Company NLC, Sahiwal. No official witness has appeared from Sahiwal to confirm the entrustment of vehicle to the appellant. They have even failed to produce any documentary evidence from Sahiwal showing the issuance of vehicle in question in favour of Muhammad Shafi appellant.
5. Besides above infirmities and weaknesses in the case of the prosecution connecting the appellant with the commission of the crime, the appellant himself appeared as his own witness under section 340(2), Cr.P.C. And has also produced Ghulam Hussain (D.W.1) and Said Rehman (D.W.2). Such defence evidence also rings reasonably true.
6. In view of the above facts, when the prosecution has failed to connect the appellant with the vehicle from which the narcotics were recovered except the evidence that driving licence in his name was found, we extend the benefit of doubt to Muhammad Shafiq appellant. His appeal is allowed. The conviction and sentence awarded to him is set aside and he is acquitted of the charge. He be released from jail forthwith, if not required in any other case.