Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession and transportation of narcotic ---Appreciation of evidence---Sentence, reduction in---Taking of samples for chemical examination---Scope---Narcotic contained in different packets---Separate samples from each packet not taken---Effect---Accused persons were allegedly transporting packets containing 180 kilograms of charas, which were hidden in the secret cavities of a truck---Only two packets weighing 2 kilograms in total were sealed and sent to Chemical Examiner---Trial Court convicted accused persons under S.9(c) of Control of Narcotic Substances Act, 1997 and sentenced them to life imprisonment with a fine of Rs. 100,000 each---Validity---Police allegedly recovered 90 packets of charas which weighed 180 kilograms in total---Only two packets weighing one kilogram each were sealed separately and sent to Chemical Examiner---Report of Chemical Examiner also showed that Laboratory received only two sealed parcels containing two kilograms charas, as such the accused persons would be considered to have been found in possession/transportation of two kilograms charas as no chemical examiner's report was available in respect of the rest of the recovered substance---Appeal was allowed partly, conviction of accused persons was maintained, but their sentence was reduced from life imprisonment to six years imprisonment with a fine of Rs. 100,000 each. Ameer Zeb v. The State PLD 2012 SC 380 rel. JUDGMENT FAROOQ ALI CHANNA, J.---The appellants Jaffer Khan and Nawab Khan through the Superintendent Central Prison, Larkana have preferred this criminal jail appeal, challenging the judgment dated 9-7-2009 passed in CNS case No.1 of 2008 by Sessions Judge/Special Court (CNS), Jacobabad whereby both the appellants were convicted under section 9(c) of Control of Narcotic Substances, Act, 1997 and sentenced to imprisonment for life and to pay fine of Rs.100,000 each, in case of default thereof, to undergo SI for six months more with benefit of section 382-B, Cr.P.C. 2. Brief facts of the case giving rise to file the instant jail appeal are that on 12-2-2008 complainant Gul Muhammad SHO Police Station Garhi…

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