Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),25,29

Law: Criminal Procedure Code (V of 1898)

Section: 103,161,173,342,382B

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic substance---Appreciation of evidence---Police officials as sole recovery witnesses---Competence---Principles---Prosecution case was that 10-kilograms of charas was recovered from the possession of the accused---Prosecution witnesses were police officials--- Defence had alleged that no private witness was associated at the time of recovery, which was violation of S. 103, Cr.P.C.---Validity---In view of S. 25 of Control of Narcotic Substances Act, 1997, applicability of S. 103, Cr.P.C. had been excluded and non-inclusion of any private witness was not a serious defect to vitiate the conviction---Evidence of Police Officials would be competent and could not be discarded, only for the reason that they were Police Officials---Police Officials had furnished straight-forward and confidence inspiring evidence and there was nothing on record to show that they deposed against the accused maliciously or out of any animus---Appeal was dismissed in circumstances. Muhammad Sarfraz v. The State 2017 SCMR 1874 and Re-State/ANF v. Muhammad Arshad 2017 SCMR 283 rel. (b) Criminal trial--- ----Witness---Police official as witness---Scope---Police employees were the competent witnesses like any other independent witnesses and their testimony could not be discarded merely on the ground that they were Police Officials. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 29---Possessing and trafficking narcotics---Appreciation of evidence---Sentence, reduction in---Burden of proof---Scope---Prosecution case was that 10-kilograms of charas was recovered from the possession of accused---Record showed that accused was caught red-handed, narcotics were recovered from his possession and entire recovered charas was sent to the chemical analysis---Report of the Chemical Examiner was positive---Circumstances established that prosecution had discharged its burden successfully which would shift to the accused within meaning of S. 29 of the Act---Such burden would require the accused to firstly cause dent in prosecution case…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492