| Citation(s) |
|---|
| 2016 SLG 2264 2016 SLD 2264 2016 YLR 1060 |
Lahore High Court
Crl. Appeals Nos. 1975 and 2363 of 2010, heard on 25-11-2015.
ABDUL SAMI KHAN AND SHEHRAM SARWAR CH., JUSTICE
Ms. Nighat Saeed Mughal for Appellant (in Crl. Appeal No.1975 of 2010). Naveed Afzal Basra for Appellant (in Crl. Appeal No.2363 of 2010). Rana Abdul Majeed Addl: Prosecutor General for the State.
Crl. Appeals Nos. 1975 and 2363 of 2010, heard on 25-11-2015.
ABDUL SAMI KHAN AND SHEHRAM SARWAR CH., JUSTICE
Ms. Nighat Saeed Mughal for Appellant (in Crl. Appeal No.1975 of 2010). Naveed Afzal Basra for Appellant (in Crl. Appeal No.2363 of 2010). Rana Abdul Majeed Addl: Prosecutor General for the State.
ABID ASHRAF
VS
. THE STATE AND another--AppellantS
Law:
Section:
(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9 (c) & 29---Recovery of narcotic substance---Appreciation of evidence---Shifting of onus---Five accused persons were convicted and sentenced by Trial Court for maximum imprisonment for three years as Charas weighing different quantities maximum upto three kilograms were recovered from each accused---Validity---Prosecution led sufficient evidence to prove case against all five accused persons beyond any shadow of doubt---Once initial burden of proof was discharged by prosecution with cogent evidence then in terms of S. 29 of Control of Narcotic Substances Act, 1997, accused persons had come under heavy burden to prove their innocence through reliable evidence---Accused did not opt to appear as their own witnesses under S. 340(2), Cr.P.C. to prove their innocence---No evidence was available on record on behalf of accused persons that police had some grudge against them to falsely implicate them in the case---Improbable to plant such a huge contraband against accused persons without any reason---High Court declined to interfere with conviction and sentence awarded to accused persons---Appeal was dismissed in circumstances. Amjad Ali v. The State 2012 SCMR 577 and Sajjad Naeem and 2 others v. The State 2013 YLR 64 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S.36---Government Analyst, report of---Quantity of sample---Principle---For the purpose of conducting chemical analysis, only a small sample from recovered substance is sufficient to determine as to whether the same is narcotic drug or not, as defined in Control of Narcotic Substances Act, 1997---Law does not prescribe any specific quantity for the purpose of analysis. Zulfiqar Ahmad v. The State 2006 SCMR 800 and Amer Zeb v. The State PLD 2012 SC 380 rel. (c) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----Preamble---Sending of parcels---Scope---Rules regulating sending of parcels are not mandatory rather are directory. Tariq Mehmood v. The State through Deputy Attorney General, Peshawar PLD 2009 SC 39; Shah Muhammad v. The State 2012 SCMR 1276 and Ghulam Murtaza and another v. The State PLD 2009…
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