Law: Control of Narcotics Substances Act, 1997

Section: 9(b),9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342,382-B

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(b) & 9(c)---Recovery of narcotic substances---Appreciation of evidence---Accused was arrested for possessing pieces of charas weighing six kilograms and slabs of opium weighing one kilogram---One hundred grams of charas and Twenty grams from opium were sent to Chemical Examiner---Trial Court convicted accused and sentenced him to imprisonment for nine years with fine---Validity---Neither weight of each slab of opium was given nor total number of slabs had been mentioned---Fact that as to from how many slabs how much opium was separated for purpose of preparing sample was not clarified---Held, that only that quantity of charas and opium could be taken into consideration for purpose of conviction and sentence which had been received through sealed parcel of Forensic Science Laboratory which, in the present case, was 104.72 grams charas and 19.11 grams opium---High Court altered the conviction of accused under S. 9(b) of Control of Narcotic Substances Act, 1997 for quantity of charas as sent to the Chemical Examiner and convicted the accused under S. 9(a) of the Act for the opium and reduced the sentence to one year and three months---Appeal was dismissed accordingly. Ameer Zeb v. The State PLD 2012 SC 380; Khuda Bakhsh v. The State 2015 SCMR 735; Ikramullah and others v. the State 2015 SCMR 1002 and Ghulam Murtaza and another v. The State PLD 2009 Lah. 362 rel. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, J.--- This appeal has been filed against the judgment dated 25.02.2017 passed by the learned Additional Sessions Judge, Gujranwala, whereby in case arising out of FIR No.51/2015 dated 26.01.2015 registered under section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Cantt. Gujranwala (Ex.PA), the learned trial Court convicted and sentenced the appellant as under:- Under Section 9(c) of Control of Narcotic Substances Act 1997 to 09 years and 06 months' R.I with fine of Rs.45,000/- and in default of payment thereof the appellant was directed to further undergo S.I for 07 months. Benefit of section 382-B, Cr.P.C. was also extended to the appellant. 2. Briefly, the accusation…

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