Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(a)(c)---Possessing and trafficking of narcotics---Appreciation of evidence---F.I.R., challan and memo. of recovery reflected that 1050 grams of charas, consisting of 20 pieces of different sizes were recovered from accused; out of which 10 grams of charas was separated and sealed to be sent for Chemical Analysis---Exact weight of each piece of charas, recovered from accused was not identified, nor an attempt appeared to have been made by the complainant while preparing the relevant papers---Evidence qua sample was in conflict with the report sent by Chemical Examiner---Report of Chemical Examiner reflected that sample which was received by its office contained only one piece of charas, and same was in rod shape, which ruled out any possibility of different pieces of charas blended together with each other, either intentionally or not to make out one piece---Recovery of charas was 1050 grams containing 20 pieces of different sizes, by the principle of average, if 20 pieces of charas were equally divided, each piece would become in between the limits of 52 to53 grams---Accused, in circumstances, would become only liable for 52/53 grams of charas from which sample appeared to have been taken---Prosecution had failed to discharge its burden of proving beyond reasonable doubt the recovery of 1050 grams of charas from accused---Case of accused, in circumstances, did not come within the mischief of clause (c), but fell within the ambit of clause (a) to S.9 of Control of Narcotic Substances Act, 1997---Accused had served his sentence for 11 months and 4 days, and had earned remission of 4 months and 15 days; his unexpired portion of sentence had been stated as 5 years, 8 months and 1 day with fine---By dismissing the appeal conviction and sentence awarded to accused were modified from S.9(c) to S.9(a) of Control of Narcotic Substances Act, 1997, and reduced the same to the period, accused had already undergone with fine of Rs.5000. Muhammad Hashim v. The State PLD 2004 SC 856; Ameer Zaib's case PLD 2012 SC 380 and Ghulam Murtaza's case PLD 2009 Lah. 362. ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD IQBAL…

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