Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Prosecution case was that twelve bags containing 90-kilograms of heroin was recovered from a container booked by accused, likely to be smuggled to other countries, hence the FIR---Record showed that no enmity, ill-will or grudge had been alleged against the prosecution witnesses---Sufficient material had been brought by the prosecution on the record including positive report of Chemical Examiner---Accused had failed to bring anything to show that he had falsely been roped in the offence because of any rivalry with the official witnesses---Circumstances established that prosecution had successfully proved its case against the accused and there was hardly any improbability or infirmity in the impugned recorded by the Trial Court, which being based on sound and cogent reasons did not warrant any interference and was accordingly maintained---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: AFTAB AHMED GORAR, J.--- This appeal filed under section 410, Cr.P.C. read with section 48 of the Control of Narcotic Substances Act, 1997, is directed against the judgment dated 11.07.2012 passed by the learned Special Judge-II (CNS) Karachi in Spl. Case No.324 of 2010 arising out of FIR No. 01/2010 under section 9(c), Control of Narcotic Substances Act, 1997 registered with Police Station Customs, Karachi whereby the appellant was convicted and sentenced to undergo imprisonment for life and fine of Rs.10,00,000/-, in default whereof to suffer five years rigorous imprisonment more, the benefit of section 382-B, Cr.P.C. was also extended to the appellant. 2. The prosecution case as gleaned from the FIR is that on receiving information that a huge quantity of narcotics is likely to be smuggled from Pakistan to European countries, a team was constituted and on surveillance from container No. GLDU-387845-4, declared to be containing 650 bags weighing 26 metric ton of soap stones to be exported by M/s. Inayat Traders Pakistan for M/s. New Country Trade SL Spain, was checked thoroughly; some bags were containing natural soap stones and some bags with…

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