Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Juvenile Justice System Ordinance (XXII of 2000), S. 11---Possession and trafficking of narcotic---Appreciation of evidence---Release of juvenile on probation---Discretion of court---Scope---Conscious knowledge of narcotic---Scope---Accused, who was a juvenile at the time of commission of alleged offence, was forced by the police to stop at a checkpoint and after being apprehended he himself disclosed presence of 13.2 kilograms of charas in petrol tank of his vehicle--- Trial Court convicted and sentenced the accused under S.9(c) of Control of Narcotic Substances Act, 1997---Validity---All witnesses consistently deposed that accused was apprehended on the spot along with his vehicle, which was under his control as he was driving the same at the relevant time---No discrepancy in statement of any witness despite being subjected to searching cross-examination---Accused had conscious knowledge of narcotics concealed in the petrol tank of his vehicle because when he was signalled to stop he tried to escape and was subsequently forced to stop by blocking the road---After arrest, accused himself disclosed presence of narcotics in the vehicle---Accused was in exclusive control of the vehicle in which narcotics were kept in secret cavity, therefore, he would be deemed to be in the exclusive possession of the charas recovered from the vehicle---Nothing on record suggested that narcotic was planted on accused or that he was falsely charged---Samples taken from the recovered substance were sent to Forensic Science Laboratory, which found them to contain charas---At time of framing of charge against accused he was aged about 17/18 years---Section 11 of Juvenile Justice System Ordinance, 2000 provided discretion to court to decide the issue of release of juvenile on probation---Not exercising such discretion or in-action in exercising such discretion would offend the dictates of law---Trial Court, in the present case, had not exercised the discretion vested in it under S.11 of Juvenile Justice System Ordinance, 2000, which surely prejudiced the accused---Appeal was partially allowed, conviction and sentence…

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