Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: R.4,5

Law: Criminal Procedure Code (V of 1898)

Section: 103,342,382B

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Police officials as sole recovery witnesses--- Competence--- Principles---Prosecution case was that 144-kilograms of charas was recovered from the vehicle of accused persons---Record showed that accused were arrested while they were transporting huge quantity of charas in a vehicle---Prosecution examined complainant and mashir, who fully supported the prosecution case on material points and categorically deposed that during patrolling, they arrested the accused and recovered two bags in between front and rear seats of the car and four bags and scale from the dicky containing charas, each bag became 24-kilograms---Charas was sealed at the spot and memo was prepared in presence of mashirs---Witnesses were cross-examined at length but nothing could be brought on record in favour of accused---In order to strengthen the departure from police station, the complainant produced departure and arrival entries---Entire case property was sent to Chemical Examiner for examination and report within two days---Report of Chemical Examiner showed that the parcel was received at laboratory in sealed condition and seals were perfect as per copy of letter sent by the complainant---Result of the test showed that the parcel was found containing charas---Accused, in circumstances, were rightly held responsible for committing the offence charged against them because the knowledge and the conscious possession of the accused persons could not be ruled out---No proof regarding previous enmity with the police or mala fide had been produced by accused for their false implication in the case---Neither the accused persons examined themselves on oath in disproof of the charge nor examined any defence witness in support of their pleas---Police could not possibly foist such a huge quantity of charas along with vehicle against the accused---Prosecution had proved its case against the accused beyond any shadow of doubt, in circumstances---Appeal being devoid of merits was dismissed. Naimatullah Khan v. The State 2012 YLR 251 ref. (b) Control of Narcotic Substances…

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