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Aalia Neelum, J.- Muhammad Esa son of Ghulam Nabi, caste Joyia, aged 54 years, resident of Phathi Joyianwali, Police Station Piplan, Tehsil Piplan, District Mianwali, the appellant was involved in case F.I.R. No.300 dated 07.12.2008, offence under Section 9 (c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Piplan, District Mianwali and was tried by the learned Addl. Sessions Judge/Special Court (CNSA), Mianwali. The learned trial court seized with the matter in terms of judgment dated 15.03.2010 convicted the appellant under Section 9 (c) of the Control of Narcotic Substances Act, 1997 and sentenced him to undergo for four years imprisonment with direction to pay Rs.30,000/-as fine and in case of default thereof, further undergo Simple Imprisonment for six months. The benefit of Section 382-B, Cr.P.C was also extended in favour of the appellant. 2. Feeling aggrieved by the judgment of the learned trial court, Muhammad Esa, appellant assailed his conviction through filing of the instant Criminal Appeal. 3. The prosecution story as alleged in the F.I.R (Exh.PA/1) lodged on the complaint (Exh.PA) of Raza Ullah Khan, Inspector/SHO (PW-5) is that on 07.12.2008 he along with Muhammad Asghar, SI, Salah Muhammad, SI, Muhammad Asghar, Eid Muhammad,. Ghulam Hussain, Umar Hayat and Muhammad Aslam, constables was present at Phathi Joyianwali. At about 11.30 p.m. He received spy information that accused Muhammad Esa was narcotic seller and is present in front of his house on his motorcycle. The complainant along with the police party conducted raid at the accused but he ran away while leaving the motorcycle on seeing the police party. A shopper was hanging with the safeguard of motorcycle which contained Charas weighing 1038 grams. Out of the recovered narcotic substances, the complainant separated 10 grams Charas for onwards transmission to the office of chemical examiner for analysis. The samples and the remaining quantity of Charas were converted into separate sealed parcels and took the same along with the motorcycle No.3953/MI into possession vide recovery memo (Exh.PB) which was attested by Saleh Muhammad, SI (PW4) and Muhammad Ashraf…

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