Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Accused and co-accused were convicted under S. 9(c) of the Control of Narcotic Substances Act, 1997, and sentenced to 10 years and 11 years' rigorous imprisonment respectively along with fines---Appeals filed before the High Court against conviction and sentences were dismissed---Held, that prosecution case was, primarily, structured upon statements of witnesses who were police officials---Said statements were in comfortable unison with each other, despite flux of time, on all the salient aspects of the prosecution case, in terms of interception of the accused and co-accused and recovery of contraband---Said statements could not be discarded merely on account of absence of a witness from the public---Members of public seldom came forward to perform their civic responsibilities and official witnesses were no less credible or trustworthy provided their statements rang true, as in the present case---Accused and co-accused were not able to point out any serious flaw or infirmity that may be viewed as material or substantial in nature in the statements of the prosecution witnesses---Petitions were dismissed in circumstances. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Jail Petition No.594 of 2018, filed by Khan Muhammad is barred by 35 days, however, since the petitioner is in receipt of a guilty verdict with corporal consequences, we consider it expedient to attend his plea on merit alongside Jail Petition No.480 of 2018 filed by his co-convict Abdul Wahab. 2. The petitioners were surprised by a contingent of Police Station A-Section Thal, District Jacobabad, on patrol, and found in possession of Charas. According to the prosecution, Abdul Wahab was carrying 7.8 kilograms whereas Khan Muhammad 8.2 kilograms. Contraband was secured vide inventories. Separated samples were forensically examined with confirmatory results. Upon conclusion of trial, the petitioners were returned a guilty verdict by a learned Special Judge (CNSA) Jacobabad…

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