Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)------Ss. 6 & 9(c)---Possessing and trafficking of narcotics---Appreciation of evidence---Both complainant/Investigating Officer and other prosecution witness, had admitted that accused was just a carrier of donkey cart---Star witness of the prosecution, lent support to the defence version that accused was not having any knowledge, whether the luggage being carried by him in lieu of wages of Rs.300 was narcotics substance or something else---Trial Court despite holding that accused seemed to be a poor man and a cart driver, convicted and sentenced him---Case of accused was clearly that of acquittal, Trial Court ought not to have recorded conviction against him---Facts of the present case did not satisfy the provisions of S.6 of the Control of Narcotic Substances Act, 1997---Trial Court, in circumstances, was not justified while recording conviction of accused under S.9(c) of Control of Narcotic Substances Act, 1997---Judgment of the Trial Court was set aside, accused was acquitted of the charge and was ordered to be released, in circumstances. Nazar Hussain and another v. The State 2007 YLR 1601 and Warner and Metropolitan Police Commissioner (1969) 2 A.C. 256 (H.L.) rel. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Fayyaz Ahmed son of Faqir Muhammad, caste Ansari, resident of Bhasar Pura, Kasur, appellant, was involved in case F.I.R. No.668, dated 28-8-2007, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Saddar Kasur and was tried by Mr. Muhammad Ajmal Hussain, learned Additional Sessions Judge/Judge Special Court C.N.S.A., Kasur. The learned trial Court seized with the matter in terms of judgment dated 10-9-2009 convicted the appellant under section 9(c) of the Control of Narcotic Substances Act, 1997, and sentenced him to undergo imprisonment for life (R.I.) with direction to pay Rs.30,000 as fine and in case of default in payment thereof, to further undergo S.I. for six months. Benefit of section 382-B, Cr.P.C. was also extended in his favour. The appellant has assailed his conviction and sentence through filing the instant appeal. 2. The…

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