Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b) & (c)---Possessing and trafficking of narcotic---Appreciation of evidence---Sentence, reduction in---Allegedly 4350 Kgs. charas in the shape of packets, was recovered from the secret cavities of Tanker---Small quantity from each packet, was separated and mixed together; out of the mixture, three samples, each weighing 10 grams, were separated of which one sample was sent to Forensic Science Laboratory for chemical analysis---Record was silent about the number of Packets recovered from the tanker---Weight of said packets was also not known---Prosecution, under the law was under obligation to have first weighed every packet; and then separate a small quantity from each packet; properly sealed and mark them for chemical analysis---Conviction of accused would then be based, subject to the report of Forensic Science Laboratory---Said legal requirements, had not been complied with in the present case---Sample sent to Forensic Science Laboratory for analysis could not be said to be a representative sample in circumstances---Sentence awarded to accused, was bad in law, as only one sample of 10 grams was sent for chemical analysis, and the report thereof was received as positive---Accused, in circumstances, were liable to be held responsible only for 10 grams charas, the offence whereof fell within the ambit of S.9(b) of Control of Narcotic Substances Act, 1997, and not under S.9(c) of Act---While converting S.9(c) of Control of Narcotic Substances Act, 1997 into S.9(b), thereof, sentence of accused was reduced to the one already undergone by them---Fine amount was also reduced from Rs.1,00,000 to Rs.10,000. Ameer Zeb v. The State PLD 2012 SC 380 ref. Ameer Zeb v. The State PLD 2012 SC 380 and Fareedullah v. State 2013 SCMR 302 rel. JUDGMENT MUSARRAT HILALI, J.---This judgment shall also decide Criminal Appeal 463-P of 2012 as not only both these matters arise from one and the same F.I.R. but also outcome of common judgment dated 26-9-2012. 2. Appellants in both these appeals faced trial in case F.I.R. No.31 of 2011 dated 29-4-2011 under section 9(c), C.N.S.A. Police Station Customs Investigation and…

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