Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---S. 9(b)---Possessing and trafficking narcotics---Appreciation of evidence---Evidence of both the prosecution witnesses was consistent on all the material particulars, such as date, time, place and manner of recovery of contraband---No material contradictions had been noticed in the evidence of the prosecution witnesses---Some minor contradictions found in the evidence of the witnesses, could not be sufficient to cut the roots of the prosecution case---Such discrepancies were bound to occur due to lapse of considerable time---Positive report of Chemical Examiner, had been produced in evidence---Evidence of Police Officials, was as good as of any other public witness, in absence of any malice or mala fide of the Police Officials---In the present case, prosecution witnesses had no enmity with accused to foist contraband upon him; it was proved by cogent evidence that accused was found in possession of narcotic substance---Accused had failed to discharge burden to show that he was not in possession of narcotic---Trial Court on the basis of sufficient evidence had rightly convicted accused, in the case---Impugned being based upon sound reasons was maintained---Accused being on bail, his bail bonds stood cancelled, and surety discharged and accused was taken into custody and remanded to jail to serve out his remaining sentence. Muhammad Khan v. The State 2008 SCMR 1616 and Kashif Amir v. The State PLD 2010 SC 1052 ref. JUDGMENT RIAZAT ALI SAHAR, J.---Record reflects that appellant was admitted to bail by this court vide order dated 4-11-2009 by suspending the operation of impugned judgment and since then he was avoiding to proceed with the matter. Today, appellant is present in person and submitted that he is not in a position to engage counsel as he has withdrawn the power, given to counsel and intends to proceed with the matter in person. 2. Appellant Ashique Hussain was tried by learned Sessions/ Special Judge (CNS), Ghotki in Special Case No. 12 of 2007, under section 9(b) of CNS Act, 1997 and after full-dressed trial, vide judgment dated 17-10-2009, was convicted under section 9(b) of C.N.S. Act, 1997 and…

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