Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Appreciation of evidence---Sentence, reduction in---Accused had led to the recovery of the narcotics after opening the store room and the boxes lying therein by using the keys which were in their possession---After recovery of the said keys and the narcotics on the pointation of accused the onus had shifted to them under S.29 of the Control of Narcotic Substances Act, 1997, to explain their position qua the recovery---Accused had not denied the recovery of narcotics during the search but their plea was that the same did not belong to them--­Accused could not explain as to how they had possessed the keys which was an extremely incriminating piece of evidence against them---Defence plea taken by accused did not at all appeal to reason---No animosity or ill-will of the raiding party against the accused was pointed out---Prosecution evidence was absolutely consistent and coherent--No serious defect in the investigation was even pointed out except some minor lapses which did not affect the validity of the trial---Conviction of accused was upheld in circumstances---Accused were in death cell for the last more than two years and the present case appeared to be the first case against them---Sentence of death of one accused was reduced to imprisonment for life and of other accused was reduced to ten years' R.I. from whom narcotics were recovered in lesser quantity---Appeal was disposed of accordingly. M.D. Mosaddar Hoque and another v. The State PLD 1958 SC (Pak.) 131 and Noor Ahmad v. The State PLD 1964 SC 120 distinguished. JUDGMENT M. BILAL KHAN, J.---This Criminal Appeal bearing No.26 of 2002 is directed against the judgment dated 14-1-2002 passed by the Judge Special Court (CNS), Rawalpindi whereby he convicted Muhammad Jahangir son of Malik Allah Bakhsh Khan and Muhammad Iqbal Khan son of Aolia Khan accused/appellants and sentenced both of them to death with a fine of Rs.5 lac each in default of payment of which they both were directed to undergo 2 years' R.I. The appellants have challenged their convictions and sentences before this Court through the present appeal. 2. Briefly stated the facts of…

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