Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---S. 9(c)---Constitution of Pakistan, Art. 188---Supreme Court Rules, 1980, O.XXVI, R.1---Possession of narcotic---Sentence, reduction in---Consolidated sample, taking of---Effect---Accused persons were apprehended while in possession of charas weighing 24 kilograms---Trial Court convicted them under S.9(c) of Control of Narcotic Substances Act, 1997 and sentenced them to imprisonment for life and a fine of Rs.500,000 each with the benefit of S.382-B, Cr.P.C.---Appeal filed by accused persons before the High Court was dismissed, where after jail petitions filed by them before the Supreme Court were also dismissed---Validity---Recovered charas allegedly weighing 24 kilograms was in the shape of 20 littars but after the alleged recovery one consolidated sample of recovered substance had been taken, which sample weighed only 10 grams---At best only one littar of charas could have been considered against the accused persons as recovered substance---By law of averages, if 20 littars weighed 24 kilograms then one littar would weigh 1.2 kilograms, therefore, it was only 1.2 kilograms of charas for which accused persons could have been convicted and sentenced---Review petition was allowed, impugned order passed by Supreme Court, whereby jail petitions of accused persons were dismissed, was recalled with the result that conviction of accused persons under S.9(c) of Control of Narcotic Substances Act, 1997 was maintained but their sentences were reduced to imprisonment for four years and six months each and a fine of Rs.20,000 each with the benefit of S.382-B, Cr.P.C. Ameer Zeb v. The State PLD 2012 SC 380 and Ghulam Murtaza and another v. The State PLD 2009 Lah. 362 rel. ORDER ASIF SAEED KHAN KHOSA, J.---Muslim Khan and Fareed Ullah petitioners were tried in case F.I.R. No.9 registered at Police Station, Attock Khurd on 11-1-2002 in respect of an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 with an allegation that they had been apprehended while in possession of charas weighing 24 kilograms and after a full-dressed trial they were convicted for an offence under section 9(c) of the Control of…

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