Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Appreciation of evidence---Recovery of huge quantity of narcotics from the accused was proved on record by all the five prosecution witnesses who had no malice or enmity against him--­Minor discrepancies in prosecution evidence due to lapse of time had neither vitiated the trial nor made the recovery doubtful--­Recovered, narcotics were certified by the Chemical Examiner to be "Charas" and heroin---State functionaries, who had supported the prosecution case, were trustworthy and reliable like private witnesses as they had no interest to falsely depose against the accused and conviction on the basis of their statements could lawfully be passed-­-Defence plea taken by accused was not corroborated by any evidence on record and the same alone could not refute the impact of prosecution testimony---Conviction and sentence of accused were upheld in circumstances. Shahmore v. The State PLD 2003 Kar. 230; Dris v. The State 2001 YLR 3078; Iltaf Hussain v. The State 1996 SCMR 167; Maulvi Ghulam Rasool v. Administrator Auqaf, Sindh and another 1976 SCMR 73; Sikandar and 2 others v. The State PLD 1978 SC 185; Gul Nawaz v. The State 1998 PCr.LJ 1730; Feroze Shah v. The State 2002-PCr.LJ 1470 and Mirza Shah v. The State 1992 SCMR 1475 ref. JUDGMENT MUHAMMAD MUZAMMAL KHAN, J.---The appellant, Muhammad Hussain, challenged the judgment dated 27-4-2002 passed by the learned Judge, Special Court (C.N.S.), Lahore, passed against him and another in a narcotics case No.26 of 2000 whereby he was found guilty of committing an offence punishable under section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter to be referred as to the Act), thereby sentencing him to suffer imprisonment for life with a fine of Rs.5 lacs, in default of its payment to undergo further imprisonment for a period of one year, with benefit under section 382-B, Cr. P. C. 2. Precisely, case of the prosecution is that on 16-12-1999, Senior Officers of A.N.F. received spy information about possession of narcotics by the appellant, on this information, a raiding party was arranged under the supervision of Lt.-Col. Manzar Akbar, Joint…

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