Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342,382-B

Control of Narcotic Substances Act (XXV of 1997)---.--- ---.----S. 9(c)---.---Possessing and trafficking of narcotics---.---Appreciation of evidence---.---Accused was driving the car in question, while co-accused was sitting next to him on front seat---.---On search of car 82 packets of backed charas of one Kg. each, were recovered---.---Specimen from each packet was separated for chemical analysis and a separate parcel of 500 grams was sealed for chemical analysis---.---Accused persons were arrested on the spot with recovered contraband substance---.---Sending the recovered contraband item with delay of beyond the period of 72 hours, would not vitiate the trial---.---Contradictions in the statements of prosecution, though were always fatal to the prosecution case, but a distinction was to be made between minor inconsistencies or variance in the testimony of witness from the contradictions in the evidence---.---Only such statements would be termed as contradictory which were either destructive of each other or were totally different to the extent that two versions could not be reconciled---.---Minor discrepancies in the present case, were not of such nature---.---Alleged contraband was recovered from the secret cavities of the car; driver could not be absolved from the responsibility, as he being the driver would have knowledge about the prohibited substance secretly concealed in the car---.---Knowledge and the conscious possession of both accused persons, could not be ruled out in presence of un-impeachable prosecution evidence---.---Co-accused was rightly held responsible for committing the offence, charged against him---.---Ocular testimony, recovery of substance, positive Forensic Science Laboratory report, had fully proved case against accused persons---.---Accused persons, could not establish that they were substituted---.---Prosecution successfully proved its case against the accused persons without shadow of doubt, no interference was required by High Court---.---Impugned passed by Special Judge for narcotics, was upheld, and appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:---.----- This…

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