Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Criminal Procedure Code (V of 1898), S.103---Possessing and trafficking narcotics---Search and recovery proceedings---Appreciation of evidence---Sentence, reduction in---Co-accused prayed for mercy and did not press the appeal with submission for reduction of sentence already undergone by him---Appeal of co-accused was dismissed by reducing the sentence already undergone by him---No private person would voluntarily associate with search and recovery for fear of revenge by the members of drug mafia---No law was available for providing protection to prosecution witnesses against such fear---Alleged non-compliance of S.103, Cr.P.C., was of no consequence, in particular when mala fides against those witnesses were not proved---Sending of samples with a delay of three-four days was quite normal, due to official bottle-neck in getting necessary approval by the Investigating Officer, and selection of the person delivering the samples---Maintaining the impugned , sentence awarded to accused by the Trial Court was reduced from three years to 18 months and fine of Rupees nine thousand. Ghulam Murtaza' case PLD 2009 Lah. 362 ref. THIS JUDGMENT DELIVERED BY: SHAUKAT ALI MEMON, JUSTICE:---.--- The Court of Special Judge (CNS)/Sessions Judge, Sanghar convicted the appellant Taj Muhammad and one Shahnawaz, in Special case No. 45 of 2009 under section 9(b) of Control of Narcotic Substances Act, 1997 and sentenced them each to R.I. for three years and to pay fine of Rs. 10,000 or in default thereof to undergo S.I. for six months with extension of the benefit of section 382-B, Cr.P.C. 2. The case of the prosecution is that complainant SIP Muhammad Aslam Jamali of Police Station Tando Adam lodged F.I.R on 13-9-2009 stating therein that he along with his subordinate staff left police station for patrolling vide entry number 5 and when reached at New City gate via Baba Munna by-e-pass road, they received spy information that two persons were selling chars near graveyard of New City. On reaching there, they saw two persons who on seeing the police party tried to escape but were apprehended. On enquiry they disclosed…

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