Law:

Section:

Control of Narcotic Substances Act (XXV of 1997) --------- ----------S. 9(c) --------- Recovery of narcotics --------- Appreciation of evidence --------- Amalgamated samples --------- Charas weighing 135 kilograms and opium weighing 10 kilograms were recovered from accused which was packed in shape of packets weighing 1 kilogram each --------- Trial Court convicted the accused and sentenced him to imprisonment for life --------- Validity --------- No separate samples taken from each packet recovered from accused were sent for chemical analysis rather only one parcel of 1350 grams Charas and 1 parcel of 100 grams opium in amalgamated form were prepared --------- Chemical Examiner's Report regarding Charas and opium, showed that one consolidated sample of Charas and one consolidated sample of opium was tested --------- Only one packet of Charas weighing 1350 grams out of 135 packets and one packet of opium weighing 100 grams out of 10 packets could be considered against accused --------- Imprisonment for 4 years 6 months upon recovery of Charas exceeding 1 kilograms upto to 2 kilograms and fine of Rs. 20,000 while simple imprisonment for 1 year and 8 months upon recovery of opium upto 1000 grams and fine of Rs.7000 was reflected in the Schedule provided in Ghulam Murtaza's case PLD 2009 Lah. 362 --------- High Court took the lenient view and reduced the imprisonment for life to already undergone by accused --------- Appeal was dismissed accordingly. Ameer Zeb's case PLD 2012 SC 380; Mst. Nasreen Bibi v. The State 2014 SCMR 1603 and Fareed Ullah v. The State 2013 SCMR 302 rel. Ghulam Murtaza's case PLD 2009 Lah. 362 fol. THIS JUDGMENT DELIVERED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE:---------- Miraj Khalid son of Mian Gul Khan, the appellant, was involved in case FIR No. 1283/2006, dated 18.12.2006, under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Civil Line, Gujrat, and was tried by the learned Additional Sessions Judge, Gujrat. The learned trial Court seized with the matter in terms of judgment dated 10.4.2008 convicted the appellant under section 9(c) of the Control of Narcotic Substances Act, 1997 and…

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