Law: Criminal Procedure Code (V of 1898)

Section: 382B,161,342,103,551,156(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),6,9,25,20,21,22,23

Law: Pakistan Penal Code, 1860

Section: 489,302

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 6, 9 & 25---Criminal Procedure Code (V of 1898), Ss.103 & 156(1)(2)---Appreciation of evidence---Investigation was conducted by C.I.A. officials---Non-compliance of S.156(1)(2), Cr.P.C.---Effect---On secret information, C.I.A. official/complainant with the help of decoy purchaser arrested accused/appellant who led to recovery of 120 Kg. of Charas and 50 Kg. of opium lying in his residential room---F.I.R. was registered at concerned police station but investigation of case was entrusted to Inspector, C.I.A. who investigated the matter, recorded statements of witnesses under S.161, Cr.P.C. and submitted challan in court---Accused alleged that he was involved in case on the basis of his enmity with police officials---Trial Court convicted and sentenced accused to imprisonment for life---Accused contended that investigation conducted by C.I.A. police was illegal---Validity---Investigation of a case could be conducted by C.I.A. officials, under due authorization by competent authority---Investigation conducted by C.I.A. official, who was not competent to investigate the matter would amount to an irregularity, not affecting the ---Investigation conducted by C.I.A. official did not cause any injustice to accused---Accused, who failed to raise objection at proper time was estopped to raise the same before High Court---If no serious prejudice was caused to accused, resulting in miscarriage of justice; then violation of S.156(1) of Cr.P.C. would not vitiate the trial---Accused was caught red-handed while selling charas and led to recovery of huge quantity of narcotics from his room, therefore, associating the owner of house was neither necessary nor required under law---In narcotic cases, where private persons, were reluctant to appear as prosecution witnesses, police officials were as good witnesses as any private witness---Under S.25 of Control of Narcotic Substances Act, 1997, the applicability of S.103, Cr.P.C., had been excluded---Sending of entire narcotics recovered from accused to Chemical Examiner was neither necessary nor mandatory---F.I.R. in a murder case in which accused/appellant was…

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