Law: Control of Narcotic Substances Act (XXV of 1997)

Section: 9

Control of Narcotic Substances Act (XXV of 1997)-------S. 9---Appreciation of evidence---Sentence, reduction in---Narcotic substance was recovered from immediate possession of. accused and respectable persons of area had pointed out to the Police about selling of narcotic by accused---Prosecution witness had stated that at the time of receiving information, accused was at a distance of 5/10 paces from police party---Investigating Officer, however, had explained that he had to go around village to be able to get accused---Even otherwise question of distance was not very relevant---Testimony of marginal witness and Investigating Officer was in consonance with narration of facts given in F.I.R.---Forensic Science Laboratory had certified that sample sent to Laboratory was of Charas---Significant inconsistency, however, was found between statements of two witnesses regarding shape in which narcotics were recovered---Neither number of slabs were known to witnesses nor their weight---Prosecution did not state that samples were taken from each of the slabs---Sample was taken from only one slab weight of which was not known---Conviction of . accused, in circumstances could only be maintained for sample that was consumed during Laboratory examination which weighed 4 grams---Sentence of three years of imprisonment in circumstances would be excessive for possessing of 4 grams of Charas---Conviction of accused under S.9(c) of Control of Narcotic Substances Act, 1997 was converted into S.9(a) of said Act and sentence was reduced accordingly to imprisonment already undergone by accused and sentence of fine was set aside.JUDGMENTNASIR UL MULK, C.J.---Ghulam Khan s/o Hameed-ud-Din, resident of Zando Banda, Tehsil and District Nowshera, was convicted under section 9 of the Control of Narcotic Substances Act, 1997 by the Additional Sessions Judge, Nowshera, on 18-8-2004 and sentenced to three years' R.I., and a fine of Rs.50,000, in default of payment thereof, to further suffer six months' S.I. The convict has filed this criminal appeal against his conviction and sentence.2. The F.I.R. in the case was recorded at Police Station Risalpur on the report of Mukhtiar Ali Khan, S.H.O.…