Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic drugs---Appreciation of evidence---Sentence, reduction in---Accused was apprehended with a shopping bag which contained three pieces of charas (narcotic)---Report of Chemical Examiner showed that only ten grams of norcotic was sent to the Chemical Examiner for analysis and it was not made clear that ten grams which were sent to the Chemical Examiner were taken from all the pieces of charas recovered from the accused---Sentence of accused for ten grams of charas under S.9(b) Control of Narcotic Substances Act, 1997 would meet the ends of justice in circumstances---Samples were to be secured from every packet of narcotic substance recovered in a case and each such sample would be separately tested by Chemical Examiner---Accused had already served out sentence of 13 months and 8 days excluding remissions---Accused was on bail, his bail bonds were ordered to be cancelled and surety discharged---Appeal was disposed of accordingly. Ameer Zeb v. The State PLD 2012 SC 380; Mst. Nasreen Bibi v. The State 2014 SCMR 1603 and Ghulam Murtaza and another v. The State PLD 2009 Lah. 362 rel. THIS JUDGMENT DELIVERED BY: RASHEED AHMED SOOMRO, J.--- Appellant Sikandar alias Siko was tried in FIR No.45 of 2012, registered at Police Station Tando Allahyar on 4.3.2012, for offence under section 9(c) Control of Narcotic Substance Act 1997, and vide Judgment dated 31.3.2015 learned Sessions Judge/Special Court (Control of Narcotic Substance) Tando Allahyar, in Special Case No.24 of 2012, was convicted accused under section 9(c) Control of Narcotic Substance Act 1997, and sentenced to 04 years R.I. and to pay fine of Rs.10000/-. In case of the default in payment of the fine, he was ordered to suffer R.I. for 03 months. Appellant was extended benefit of Section 382-B Cr.P.C. The appellant has challenged his conviction and sentence through this appeal. 2. Brief facts of the prosecution case as disclosed in FIR lodged by SIP Ghulam Hussain Khoso are that on 4.3.2012 at 5-45 p.m. SIP left Police Station along with his subordinate staff for patrolling. After patrolling at various places when SIP Ghulam…

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