Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342,382B

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 6 & 9(c)---Prohibition of possession of narcotic drugs---Appreciation of evidence---Contention of accused was that as 150 grams charas was sent from 15 bundles weighing 15 kgs., case of accused fell under S.9(b) and not under S.9(c) of Control of Narcotic Substances Act, 1997--Further contentions were that firstly, 150 grams of charas and then remaining contraband (charas) was sent for chemical examination and same was positive; such despatch of charas in two lots was with mala fide intention and ulterior motive; that second report being managed one, had no value in the eyes of law having been sent without approval of the Trial Court, but on directions of District Public Prosecutor---Validity---Held, in the first instance 150 grams of charas was sent for chemical examination, report in respect thereof was positive; in the second phase remaining contraband (charas) was sent for chemical examination, report in respect thereof was also positive---Counsel for accused was unable to show that accused had ever challenged before any court of law that recovered article was not narcotics---Even in the appeal, appellant had not alleged that the recovered item was not narcotics---No reason existed to interfere with the impugned passed by the Trial Court---Appeal was dismissed. Gulshan Ara v. The State 2010 SCMR 1162; The State v. Amjad Ali PLD 2007 SC 85; Asmatullah and 2 others v. The State 2010 PCr.LJ 1560; Nadeem Dehto v. The State 2010 YLR 1770; Kashif Amir v. The State PLD 2010 SC 1052; and Muhammad Khan v. The State 2008 SCMR 1616 ref. Per Gulzar Ahmed, J. agreeing with Imam Bux Baloch, J. Kashif Amir v. State PLD 2010 SC 1052 and Gulshan Ara v. The State 2010 SCMR 1162 ref. THIS JUDGMENT DELIVERED BY: IMAM BUX BALOCH, J.--- Through this Criminal Appeal the appellant has assailed impugned judgment dated 27-4-2010 passed by learned Special Judge-II, CNS, Karachi in Special Case No.48 of 2008 (State v. Nasrullah) arising out of Crime No.7 of 2008, under sections 6/9(c) . C.N.S. Act, 1997, whereby the appellant has been convicted and sentenced to undergo imprisonment for life and fine of Rs.500,000 and in…

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