Law: Control of Narcotics Substances Act, 1997

Section: 9(c),21,22,23

Control of Narcotic Substances Act (XXV of 1997)--- ---Ss. 9(c), 21, 22 & 23---Possession of narcotics---Appreciation of evidence---Both the accused were driving the vehicle from which the narcotic was recovered---Accused contended that an officer below the rank of Sub-Inspector could not effect recovery under Ss.21, 22 and 23 of the Control of Narcotic Substances Act, 1997---Validity---Naib Risaldar committed no fault or irregularity vitiating the proceedings as he acted in the absence of the Risaldar with the permission of the Judicial Magistrate---Any irregularity in the course of investigation would not vitiate later proceeding unless such irregularity had the effect of prejudicing the case of any of the parties especially when accused failed to establish the mala fide of the Investigating Officer---Witnesses of recovery corroborated the evidence without any contradiction in their statements---Material recovered though was not sealed and samples were not taken on the spot yet the recovery of the material was established---Accused’s presence in the vehicle carrying the narcotic substance and his apprehension from the spot was not denied by him---Burden lay on the accused to establish that he was boarding the vehicle as a hitchhiker and had nothing to do with the material recovered from the vehicle---Both the present accused and the co-accused driving the vehicle belonged to the same locality---Material on record connected the accused with the commission of the offence---Trial Court appreciated the evidence correctly---No interference was warranted by the High Court---Appeal was dismissed in circumstances. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, JUSTICE:---.--- The brief facts of the case are that F.I.R. No.18 of 2004 Levies Thana Taftan was registered on 17-6-2004 at 1630 hours on report of Major Muhammad Umar Farooq, Wing Commander 75-Wing Kharan Rifles, wherein it was asserted that on routine patrolling at Waricha Landhi two vehicles and four persons namely Bashir Ahmed, Zahoor Ahmed, Ghulam Gillani and Shabbir Ahmed were apprehended, while from vehicle Siapa Registration No.Nil, Engine No.224-404385, Chassis No. PL140-B65357, on checking 19-Kilograms of…

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