Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Appreciation of evidence--- Sentence, reduction in---Excise officials arrested the accused from a vehicle on the basis of spy information and found three kilograms of charas in his possession---Trial Court convicted the accused under S. 9(c) of Control of Narcotic Substances Act, 1997 and sentenced him to ten years imprisonment along with a fine of Rs. 50,000--- Validity--- Prosecution witnesses gave the same version during their examination---During cross-examination defence counsel failed to bring on record any defect regarding the recovery of charas; separation of samples for chemical examination, and any variation in weight of samples sent to Chemical Examiner---Samples were sent for examination within time and report received in such regard was positive---Nothing on record suggested enmity of prosecution witnesses with the accused---Police officials , who witnessed the arrest and recovery proceedings, were competent witnesses like any other independent witness and their testimony could not be discarded merely on the ground that they were police personnel---Prosecution had proved its case beyond shadow of reason-able doubt but the quantum of sentence imposed upon the accused was harsh---Sentence of accused was reduced from ten years to five years imprisonment and fine was reduced from Rs.50,000 to Rs.25,000 with the benefit of S. 382-B, Cr.P.C---Appeal was dismissed with the said modify-cations. Abdul Jana v. The State 2010 YLR 2283; Rajab Ali v. The State 2011 YLR 563; Nazeer Ahmed v. The State PLD 2009 Kar.191 and Taj Wali and 6 others v. State PLD 2005 Kar. 128 distinguished. Ghulam Murtaza and another v. State PLD 2009 Lah. 362; Ameer Zeb v. The State PLD 2012 SC 380 and Naseer Ahmed v. The State 2004 SCMR 1361 rel. Muhammad Saeed alias Rashid alias Sheda and another v. The State 2011 PCr.LJ 454 and Ayoob Masih v. The State NLR 2003 Criminal 1 ref. JUDGMENT SALAHUDDIN PANHWAR, J.---By this criminal appeal, the appellant has assailed the Judgment dated 3-6-2011 passed by the Special Judge (CNS), Khairpur in Special Case No.7 of 2010 (Re. The State v. Ashiq Ali)…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492