Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Ocular account---Allegation against accused persons was that two bundles of charas were recovered from their vehicle, which was weighed and found to be 59 kilograms---Ocular account was furnished by three witnesses including the initiator---Prosecution witnesses had narrated convincing chain of events, which was largely corroborated either by witnesses or documents---Investigating Officer sent entire case property to the Chemical Examiner and received positive chemical report---Circumstances established on the basis of evidence that accused was driving the vehicle at the time of arrest while co-accused was sitting with him---Knowledge and awareness would be attributed to the accused as he was the driver of the vehicle and co-accused could not be absolved from his responsibility as he was sitting with the driver---Co-accused could not explain as to why he was sitting with driver in the private vehicle---Facts and circumstances of the case connected the accused persons with the commission of offence---Appeal against conviction was dismissed in circumstances. Ghulam Qadir v. The State PLD 2006 SC 61; Kashif Amir v. The State PLD 2010 SC 1052 and Muhammad Khan v. The State 2008 SCMR 1616 ref. Ghulam Qadir v. The State PLD 2006 SC 61 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Transportation of narcotics---Responsibility of driver of the vehicle---Scope---Person, who was on driving seat of the vehicle was responsible for transportation of the narcotics. Kashif Amir v. State PLD 2010 SC 1052 rel. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 29--- Qanun-e-Shahadat (10 of 1984), Art. 122---Possession of narcotics---Appreciation of evidence---Burden of proof---Allegation against the accused persons was that 59 kilograms of charas was recovered from their vehicle---Positive Chemical Report had been produced in the evidence, which proved that substance recovered from the secret cavity of the vehicle of the accused was charas---Prosecution therefore, had discharged its initial onus of proving…

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