Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)----- -----S. 9(c)-----Possessing and trafficking narcotics-----Appreciation of evidence-----Sentence, reduction in-----Both the prosecution witnesses being government functionaries, were independent, as well as, unbiased-----Both said witnesses gave detailed pen-picture of the process of recovery of huge quantity of narcotic substance from the possession of accused-Said prosecution witnesses were tested on the parameters of lengthy cross-examination, but they remained coherent on salient features and nothing could be brought on record in favour of accused-----Neither the investigation carried out by the Investigating Officer was challenged, nor a single circumstance was brought on record to substantiate that the prosecution witnesses had previous ill-will against accused persons-----Prosecution had successfully established its case against accused-----Defence version, could not be substantiated through any independent circumstance-----Trial Court, in view of overwhelming material brought on record was justified in recording conviction against accused persons under S.9(c) of the Control of Narcotic Substances Act, 1997-----Contraband narcotic substance recovered from accused which consisted charas was not lethal as heroin-----Accused was first offender and there was no previous record of the nature to his credit-----Charas recovered being of lesser gravity and magnitude, as compared to heroin, infliction of sentence of imprisonment for life, would be sufficient to meet the dictates of justice-----Death sentence awarded to accused, was converted into imprisonment for life-----Benefit of S.382-B, Cr.P.C., was also extended to accused. Rehmat Shah Afridi v. The State PLD 2004 Lah. 829 and Muhammad Tariq v. The State 2009 SCMR 1220 ref. THIS JUDGMENT DELIVERED BY: SHEHRAM SARWAR CH., JUSTICE:----------- Shoaib Khan and Fazal Khaliq, appellants, were involved in case FIR No.249, dated 15.03.2006, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Pindi Bhattian, District Hafizabad, and were tried by learned Additional Sessions Judge/Judge Special Court for C.N.S.A.,…

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