Law:

Section:

Control of Narcotic Substances Act (XXV of 1997) --------- ----------S. 9(c) --------- Possessing and trafficking narcotics --------- Appreciation of evidence --------- Sixteen bags of heroin each containing 1 Kg, and Twenty bags of charas each containing 1 Kg were recovered respectively from secret cavity of oil tank of the truck driven by accused --------- Complainant, separated sixteen samples of heroin and twenty samples of charas from each bag, each weighing 100 grams; and sealed those for Chemical Analyser --------- Remaining property was sealed separately, and was produced before the court at the time of examination of prosecution witnesses --------- Report of Chemical Analyser was positive --------- Complainant/ Excise Inspector and Mashir Excise Constable, both prosecution witnesses, had fully supported the prosecution case --------- Both said accused persons, and complainant and mashir constable, were residents of different Provinces --------- No enmity was alleged between them, which could prompt them to falsely implicate accused persons --------- Both said witnesses supported each other on material points; and there was no major contradiction in their evidence --------- Both accused persons were in exclusive possession of the truck, wherefrom the heroin and charas were recovered --------- Possession of the contraband items, was proved beyond any doubt --------- Both accused were equally responsible for possessing the narcotics recovered from the secret cavity of the truck --------- Prosecution having proved its case against accused persons beyond any shadow of doubt, impugned of the Trial Court, did not suffer from any infirmity, and same was maintained --------- Appeal being devoid of merits, was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD IQBAL MAHAR, JUSTICE:--------- The appellants Attiqullah and Muhammad Akber have challenged their conviction under section 9(c), Control of Narcotic Substances Act, 1997 and sentence of life imprisonment with fine of Rs. 5,00,000/ each and in default of payment of fine they shall undergo S.I for six months more recorded by learned Special Judge (Narcotics) Shaheed Benazirabad vide Judgment…

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