Law: Control of Narcotics Substances Act, 1997

Section: 6,7,8,9,9(c),12,13,14,15,25,29

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

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

Section: R.4(2)

Law: Criminal Procedure Code (V of 1898)

Section: 103,164,265-K,342

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 13 & 15---Possessing, trafficking of narcotics, possessing assets derived from narcotics, aiding, abetting or associating in narcotic offences---Appreciation of evidence---Guilt, proof of---Record showed that huge quantity of narcotic was recovered on information, provided by the accused while in custody---Control of Narcotic Substances Act, 1997 was comprehensive in nature and covered all the acts and omissions whereby one physically possessing or had been in control of narcotics for any purpose, including import or export---Question of guilt would not be dependent upon establishing physical possession--- If the circumstances established active control or knowledge or that accused otherwise dealt with such recoverednarcotics, would be sufficient proof so as to recognize discharge of burden thereby burdening the accused to prove the contrary. Muhammad Noor and others v. The State 2010 SCMR 927 and Askar Jan v. Muhammad Daud 2010 SCMR 1604 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 13 & 15---Possessing, trafficking of narcotics, possessing assets derived from narcotics, aiding, abetting or associating in narcotic offences---Appreciation of evidence---Prosecution case was that accused made preparation to smuggle huge quantity of charas to foreign country---Accused was arrested and on his pointation, 58 cartons containing 1745 packets of charas were recovered from the container and on weighing, one packet came to one kilogram, total 1745 kilograms charas, was recovered---Each slab of charas was separated from each carton total 58-slabs and sealed for the purpose of chemical analysis, while remaining were sealed at the spot---One foreigner, who was his partner in the offence and gave him 200,000/- UAE Darham was also arrested on his disclosure---Record showed that accused was arrested in consequence of spy information, who then pointed out the specific container, led the police party to such sealed container---Seal was broken in presence of mashirs and cartons covered with plastic bags were found therein---Said huge quantity of charas was ready for smuggling by the…

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