Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---Recovery of narcotic (Charas)---Appreciation of evidence---Sentence, reduction in---Excise officials, evidence of---Quantum of sentence---During raid 18 kilogarm of Charas was recovered from accused and Trial Court convicted and sentenced him to imprisonment for life---Plea raised by accused was that he was father of four children and sole supporter of his family and had already served 15 years of sentence---Validity---Evidence of Excise officials was as good as that of any other person until and unless mala fide was brought on record against them---No specific mala fide was brought n record against Excise official and the evidence was corroborated by positive Chemical Report---Charas was recovered from the possession of accused on 20-7-2007 and samples were sent to Chemical Examiner for analysis on 21-7-2007---Positive report of samples was placed on record and mere production of attested copy of positive chemical report in evidence would not be fatal to prosecution case---Prosecution succeeded to prove its case against accused and Trial Court had rightly appreciated evidence brought on record---High Court maintained conviction of accused but reduced sentence of imprisonment for life to already undergone. JUDGMENT NAIMATULLAH PHULPOTO, J.---Appellant Behram Khan was tried by learned Sessions Judge/Judge Special Court, Control of Narcotic Substances, Mirpurkhas in Special Case No.32 of 2007 under section 9(c) of the Control of Narcotic Substances Act, 1997. Learned Special Judge convicted appellant under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced him to imprisonment for life and to pay fine of Rs.100,000 (Rupees One Lac), in case of default in the payment thereof, appellant was directed to suffer S.I for six months more. Benefit of section 382-B, Cr.P.C. was also extended to the appellant. 2. Brief facts of the prosecution case, as disclosed in the F.I.R. are that on 20-7-2007, Excise Inspector Javed Karim Mehar, left office on the directions of Chaudhry Ghulam Ahmed Arain, In-charge Divisional Special Squad Hyderabad Region along with A.E.T.O Abdul Jabbar and…

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