Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---At the time of arrest of accused 6000 grams charas gardah was recovered from his possession---Prosecution in order to bring home the guilt of the accused produced complainant/ Station House Officer (SHO) and an Assistant sub-Inspector---Latter was also a witness of recovery---Both said witnesses while appearing before the Trial Court remained consistent on all the material aspects of the case---To prove safe custody of case property in malkhana, the prosecution produced the muharrir---Moreover, positive report of Forensic Science Laboratory substantially established the case of prosecution against the accused---During trial, the defence was not able to bring on record anything which could suggest that accused had been implicated in the case due to malice on the part of prosecution witnesses---Findings of guilt rendered by the courts below against the accused did not suffer from any infirmity---High Court had already taken a lenient view by reducing the sentence of the accused from 14 years imprisonment to seven years and by reducing the fine from Rs. 200,000 to Rs.100,000---Jail petition was dismissed. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- After a regular trial, the petitioner was convicted by the learned trial court under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to fourteen years' R.I., with a direction to pay fine of Rs.200,000/-, in default whereof to undergo S.I. for two years. Benefit of section 382-B,. Code of Criminal Procedure was extended to him. The petitioner filed a criminal appeal before the learned Peshawar High Court, Peshawar, which was disposed of with modification that sentence of the petitioner was reduced from fourteen years' R.I. to seven years' R.I. and the amount of fine was reduced from Rs. 200,000/- to Rs.100,000/-, in default whereof to undergo six months' S.I. Hence, the instant jail petition for leave to appeal. 2. Heard. Record perused. 3. Prosecution case against the petitioner as divulged from the contents of FIR, is that at the time of his arrest 6000 grams…

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