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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9-C--Criminal Procedure Code, (V of 1898), S. 410--Sentence--Minor discrepancies--Accused was driving vehicle from where huge quantity of charas was recovered--Confessed his guilt--Ocular and circumstantial evidence--Knowledge of charas--Validity--Prosecution proved factum of recovery on basis of forthright and convincing evidence--Statement of prosecution witnesses had been thrashed out in depth who all had supported prosecution version--Appellant had failed to rebut trustworthy and consistent evidence produced by prosecution witnesses--High Court was not agreed that driver of vehicle, had no knowledge of incriminating substance recovered from secret cavities of oil tanker--It is also admitted fact that his mere passive presence in vehicle cannot constitute an offence against him--It is settled law that mere presence of accused in oil tanker from which contraband was recovered, was not sufficient to connect him with offence unless prosecution would bring material to establish that he had knowledge of contraband articles lying in oil tanker--Conviction and sentence recorded by trial Court against appellant in circumstances is liable to be reversed. 2008 MLD 79 Kar., PLD 2012 SC 369, 2015 SCMR 1000, 2015 SCMR 291, ref. JUDGMENT Mrs. Irshad Qaisar, J.--These appeals under Section 410 of Criminal Procedure Code, 1898 is directed against the conviction and sentence awarded to appellants Wali Khan and Yaseen by the learned Additional Sessions Judge-II, Peshawar vide judgment dated 23.04.2014, in case FIR No. 466 dated 23.05.2013 registered under Section 9-C, Control of Narcotics Substances Act, 1997 Police Station Pishtakhara whereby, each of the appellants was convicted and sentenced to undergo life imprisonment with fine of Rs. 2,00,000/- each and in default thereof they shall suffer 06 months S.I. Benefit of Section 382-B Criminal Procedure Code, 1898 was extended to convict/appellant. 2. The brief but relevant facts of the case as per contents of FIR are that on the basis of spy information, that huge quantity of narcotics will be smuggled from triable territory to Punjab the Seizing Officer Ihsan…

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