Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possessing and .trafficking narcotics---Appreciation of evidence---Corroborative and coherent deposition of the complainant and margiital witness; absence of signature of one of the marginal witnesses on the recovery memo and omission to mention presence of a child in the pick up at the time of recovery of `charas' from the pick-up, was of no consequence and would be of no significance for arriving at a conclusion in favour of accused---Nothing could be brought on record to dislodge case of the prosecution; proving recovery of 26400 grams icharas' from the secret cavity of upper part of the pick up, owned and possessed by accused; who was arrested red-handed, while transporting the same in the said pick up---Neither the recovery of the contraband "charas" from the pick up, nor ownership and possession of the vehicle could be' disproved; while role of the prosecution/Police in the recovery remained above board without being impeached by the defence---Samples separated from the bulk on the spot, immediately after recovery in the presence of witnesses, received positive finding from Forensic Science Laboratory; which could not be seriously challenged, as nothing was brought on record with regard to tampering with or substitution of the samples before their examination in Forensic Science Laboratory---Police Officers were as good witnesses as others unless mala fide or malice was attributed to them---Detailed of the Trial Court covering all aspects of the case, could not be interfered with---Conviction and sentence awarded to accused by the Trial Court, were upheld. JUDGMENT QALANDAR ALI KHAN, J.--- This appeal filed by Noor Zali Shah, appellant, is against the judgment and order of the Sessions Judge/Judge Special Court, Kohat dated 31-3-2012, whereby the appellant was convicted and sentenced to imprisonment for life and fine of Rs. 2,00, 000 (two Lacs) and in default of payment of fine to further undergo 6 months Simple imprisonment under section 9(c) CNSA. 2. Having been arrested after recovery of 26400 grams Charas from the secret cavity of the upper portion of his Pickup No. 4797-C/DIK, the…

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