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Aalia Neelum, J.- Shahid Mehmood son of Ghulam Rasool, the appellant was involved in case F.I.R. No.06 2008 dated 11.01.2008, offence under Section 9 (c) of The Control of Narcotic Substances Act, 1997, registered at Police Station, Saddar Kamonke, District, Gujranwala and was tried by the learned Additional Sessions Judge, Gujranwala. The learned trial court seized with the matter in terms of judgment dated 30.08.2008 convicted the appellant under Section 9 (C) of the Control of Narcotic Substances Act, 1997 and sentenced to undergo rigorous imprisonment for two years along with fine of Rs.10,000/-and in default of payment of fine-amount, the appellant will further undergo Simple Imprisonment for one month. The benefit of Section 382-B of Cr.P.C was also extended in favour of the appellant. The appellant has assailed his conviction through filing the instant appeal. 2. The prosecution story as alleged in the F.I.R. (Ex.PA) lodged on the complaint (Ex.PC) of Muhammad Ilyas, S.I. (PW-4)/complainant is that on 11.01.2008, he (PW-4) along with Muhammad Arif, 1965/C, Khadim Hussain 1924/C, Ahmad Mehmood 2740/C and Qamar Iqbal 188/C were present in Batgram Hotel, G.T.Road, Kamonke in search of proclaimed offenders and received a secret information that a person is selling garda/charas at Wakil Khan Road and could be apprehended, if a raid was conducted. After receiving the spy information, he (PW-4) along with raiding party reached at the spot and apprehended the accused having a plastic bag in his right hand wherefrom charas-garda weighing 1335 grams was recovered. On asking, the accused disclosed his name as Shahid Mehmood son of Ghulam Rasool, Caste Rajpoot Khokhar, resident of Mohallah Islamabad near Sueywala Pul Kamonke, District Gujranwala. The recovered charas/garda (P-1) was taken into possession by (PW-4) vide recovery memo (Ex.PB), out of which a sample of ten grams charas/garda was separated in a sealed parcel for chemical analysis by embossing a seal of M.A. Thereafter the complainant (PW-4) handed over the physical custody of accused along with case property to Khadim Hussain 1924/C for onward transmission to the police station for further proceedings.…

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