Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Criminal trial--- ----Defence plea---Onus to prove---Principle---When accused at criminal trial takes specific plea, onus invariably shifts and he is required to produce evidence and prove his innocence or at least his plea should be supported by attending circumstances and it should not be unfounded altogether. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S.103---Recovery of narcotics---Appreciation of evidence---Recovery proceedings---Police witnesses---Charas weighing 20 kilogram was recovered from truck being driven by accused and he was sentenced to imprisonment for life---Plea raised by accused was that during recovery proceedings, no witness from public was associated and only police officials were witnesses---Validity---Non-compliance of S.103, Cr.P.C. could not be considered as strong ground for holding that trial of accused was bad in the eye of law---Police officials were competent witnesses and their statement could not be discarded merely for the reason that they belonged to police department---Accused was involved in the offence and conclusion drawn and reasons advanced by Trial Court showed fair evaluation of evidence which was in accordance with settled principles of criminal justice---High Court did not find any illegality or infirmity in warranting interference, and sentence was maintained--- Appeal was dismissed in circumstances. 2001 SCMR 36; PLD 2004 Pesh. 246 and 2010 SCMR 1962 rel. JUDGMENT MRS. IRSHAD QAISER, J.---Appellant Haftay Khan was tried in case registered vide F.I.R. No. 193 dated 14-7-2009 under section 9(c), C.N.S.A. 1997, P.S. Mattani, Peshawar on the allegation that on interception and search of the truck bearing registration No.778 Quetta Balochistan being driven by him, charas weighing 20 kg was recovered. The learned Court vide its judgment dated 10-12-2010 convicted him under section 9(c), C.N.S.A., 1997 and sentenced him to life imprisonment with fine of Rs.200,000 or in default to suffer one year's S.I. Benefit of section. 382-B, Cr.P.C. was extended. 2. The brief but relevant facts of the case are that on 14-7-2009 the complainant Syed Naseem…

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