Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Scope---Accused was alleged to have been found in possession of 30 kilograms of bhukki---High Court, in view of recovery of narcotic substance fully substantiated by recovery witness, complainant, investigating officer, positive report of narcotics analysis with regard to parcels of samples and the fact that the complainant and other officials had no previous ill will to falsely involve the accused in the case, held that the accused was rightly convicted and sentenced by the Trial Court---Accused, through his counsel, had admitted his presence at the place of occurrence---Conviction recorded by Trial Court was maintained---Appeal was dismissed. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Consolidation of bags recovered from accused---Effect---Accused was alleged to have been found in possession of three bags of bhukki weighing a total 30 kilograms---Complainant took 500/500 grams from each bag as sample and prepared one consolidated parcel of remaining contraband---Accused could not have been sentenced to imprisonment for life as prosecution had destroyed the evidence by consolidating three bags of recovered contraband---High Court observed that only 1500 grams of bhukki could be considered against the accused---Accused had served out five years, six months and five days in imprisonment---Sentence already undergone by the accused was considered to be adequate by the High Court---Appeal was dismissed, however, the sentence of accused was reduced. Fareed Ullah v. State 2013 SCMR 302 ref. Ghulam Murtazas case PLD 2009 Lah. 362 and Amir Zaib v. The State PLD 2012 SC 380 rel. JUDGMENT AALIA NEELUM, JUSTICE:---.--- Muhammad Akhter son of Muhammad Nazir, Caste Arian, resident of Mohalla Chah Chorianwala Dullay, Gujranwala, the appellant was involved in case FIR No.384-2015, dated 09.07.2015, offence under Section 9(c) of The Control of Narcotic Substances Act, 1997, registered at Police Station, Dullay, Gujranwala and was tried by the learned Additional Sessions Judge/Judge Special Court (CNS),…

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