Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possessing and trafficking narcotics---Appreciation of evidence---No material discrepancy was pointed out by the defence counsel---One of the prosecution witnesses, who was Assistant Excise and Taxation Officer, fully supported the version of F.I.R. and recovery of charas and opium from possession of accused---Other prosecution witness, who was Excise constable, corroborated the evidence of witness and though lengthy cross-examination was conducted at the trial, but no material contradiction was pointed out in the statement of both the witnesses, so as to create a dent in the prosecution case---No enmity ill-will or grudge had been alleged or proved against the prosecution witnesses to falsely implicate accused, despite lengthy cross-examination---Prosecution had been successful to bring home the guilt of accused to the hilt by placing ocular account, recovery of narcotics material, the Chemical Examiner's report---Defence having failed to make any dent in the prosecution case or any material contradiction fatal to prosecution case, appeal filed by accused was dismissed, in circumstances---Accused and his family, were extremely poor people, and his family members were virtually starving due to confinement of accused in jail---As per jail roll, accused had served sentence of 14 years, 4 months and 4 days, including remissions---Accused was first offender and had no previous criminal record/history to his credit---Sentence of life imprisonment, was reduced to one already undergone, and fine was also remitted. Tariq Pervez v. The State 1995 SCMR 1345; Minhaj v. The State 2004 PCr.LJ 1992; Iqbal Khan v. The State 2012 PCr.LJ 1524 and Behram Khan v. The State 2013 YLR 1147 ref. JUDGMENT AFTAB AHMED GORAR, J.---This criminal appeal has been directed against the judgment dated 9-6-2010, passed by learned Special Judge CNS, Kashmore @ Kandhkot, whereby the appellant was convicted for offence punishable under section 9(c) of Control of Narcotic Substances Act, 1997, and sentenced to suffer R.I. for life and to pay fine of Rs. 400,000 (Four hundred thousands); in case of default in payment of fine appellant…

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