Law: Control of Narcotics Substances Act, 1997

Section: 9(c),9(b)

(a) Control of Narcotic Substances Act (XXV of 1997) Ss. 9(c) 9(b) Appreciation of evidence Accused had been arrested from the spot while travelling in the motor car from which the narcotics were recovered Recovery had been witnessed by a police official who in view of S.25 of the Control of Narcotic Substances Act, 1997, which excludes application of S.103, Cr.P.C. from search under he said Act, was a competent witness to the search and the recovery proceedings Sample sent to the Laboratory was found to be of ‘Charas’ after chemical examination Out of 45 packets each containing one Kg. of Charas, admittedly sample of 4 grams was taken from only one packet Culpability of the accused could, therefore, only be regarding one packet from which the sample was taken Case of accused, thus, fell within the, ambit of S.9(b) of the Control of Narcotic Substances Act, 1997 Conviction of accused under S.9(c) was consequently altered to S.9(b) of the said Act and their sentence was reduced accordingly. Muhammad Shafi v. The Crown PLD 1949 Lah. 175; Muhammad Ashraf v. The State PLD 1959 (W.P.) Pesh. 176; Rab Nawaz v. The State 1999 YLR 807; Anoud Power Generation Ltd. v. Federation of Pakistan PLD 2001 SC 340; H. Nawab Din v. The State PLD 1996 Lah. 304 and Gharibullah v. The State Criminal Appeal No. 188 of 2000 ref. (b) Control of Narcotic Substances Act (XXV of 1997) S. 9(b) Culpability of accused Where the sample from only one of the many packets recovered is sent to the Laboratory and the result is positive, the accused can be found guilty only as regards that packet. Khan for Appellant (in Criminal Appeal No. 190 of 2000). Noor Alam Khan for Appellant (in Criminal Appeal No. 194 of 2000). Jehanzeb Rahim Khan, A. G. for the State (in both the Criminal Appeals). Date of hearing: 24th April, 2002. JUDGMENT NASIRUL MULK, J. Munawar Hussain, son of Abdullah, resident of Gujrat, Province of Punjab and Farid Gul, son of Jasim Gul, resident of Hangu, N. W.F.P. were convicted by the Special Court/Assistant Sessions Judge, Peshawar on 8 5 2000 under section 9 of the Control of Narcotic Substances Act, 1997 (C.N.S.A.) for trafficking of 45 kilograms of Charas. Each of the accused…

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