Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25

Law: Criminal Procedure Code (V of 1898)

Section: 103

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Appreciation of evidence---Both complainant and prosecution witness had supported recovery of 1900 grams of opium from possession of accused at the given date, time and place---Both said witnesses had demonstrated complete unanimity on material points and accused had failed to point out any discrepancy in their statements---Contradictions highlighted by accused were so minor that on the basis of those, it could not be said that trial of case stood vitiated---Complainant and prosecution witness though were officials of Anti-Narcotic Force, but they had no reason or motivation for false implication of accused and they could not-be said to be interested witnesses as no animosity of the witness, was alleged towards the accused---Prosecution witnesses had fully corroborated each other---Official witnesses were as good as any, unless mala fide intention was established by accused and no such intention had been established in the present case---Section 25 of Control of Narcotic Substances Act, 1997 had excluded the applicability of S.103, Cr.P.C. pertaining to search and seizure---Mere delay in sending sample to Laboratory for testing, was insignificant as no evidence was . available to the effect that property produced was tampered with---No serious defect had been pointed out in the investigation other than certain minor lapses which did not affect validity of trial---Recovery evidence supported by Chemical Examiner's report was beyond doubt and was confidence-inspiring---Defence plea advanced by accused, was not solid, convincing and, sufficient to rebut entire case of prosecution---Impugned based on correct application of law and proper evaluation of evidence, was maintained---Fine imposed on accused, however, being on higher side, was reduced from Rs.50,000 to Rs.40,000 accordingly. Muhammad Hanif v. The State 2003 SCMR 1237; Muhammad Ali v. The State 2002 PCr.LJ 976 and Gharibullah v. The State 2002 YLR 3822 ref. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---Maqsood Akbar, appellant has filed instant Criminal Appeal No.64 of 2006, challenging the judgment dated 19-1-2006, passed by Mr. Abdur Rehman…

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