Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Possession of narcotic substance--- Appreciation of evidence--- Sentence, reduction in--- Prosecution case was that 80-kilograms charas, 40-kilograms opium and 2-kilograms of crystal heroin were recovered from secret cavities of vehicle driven by accused---Five grams from each was separated from 80-packets of charas total 400-grams and sealed in parcel for analysis, while remaining contraband was sealed in another parcel---Out of 23 packets of opium, ten grams each was separated from all packets for analysis total 230-grams and sealed in another parcel, whereas the remaining contraband was sealed in another parcel---Out of two packets of crystal heroin, Ten grams each was separated and sealed in another parcel, whereas the remaining contraband was sealed in a parcel---Ocular account was furnished by three witnesses including complainant---Record revealed that accused was rightly found guilty on the basis of unshaken statements of the prosecution witnesses---All the witnesses remained firm in their deposition and the defence had failed to give jolt or dent to the prosecution evidence---Accused had failed to bring on record any motive for his false implication by the prosecution witnesses---Report of Forensic Science Laboratory had been received in affirmative, confirming that the samples so received and analyzed were the contrabands---Report of Forensic Science Laboratory had reflected that the analysis process was carried out in accordance with law---Record transpired that three parcels were sent to Forensic Science Laboratory for analysis---Parcels, which were sent for analysis would be considered for conviction and sentence---Appeal against conviction was dismissed, however keeping in view the settled yardstick for punishment, their conviction and sentence were reduced/modified accordingly. Ghulam Murtaza and others v. The State PLD 2009 Lah. 362 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- Appellant Din Muhammad son of Noor Muhammad has filed this appeal (Crl. Jail Appeal No. 06/2014) through Superintendent Central Jail Gaddani, assailing his conviction and sentence…

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