Law: Control of Narcotics Substances Act, 1997

Section: 9(c),29

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 29--- Possession of narcotics--- Presumption from possession of illicit articles---Appreciation of evidence---Benefit of doubt---Driver of vehicle---Consistent statements of prosecution witnesses---Effect---Accused persons were allegedly found to be in possession of vehicle, the floor of which was found double---Vehicle and the accused persons were taken to the police station where the floor of the vehicle was opened through electric cutter and 54 packets of heroin were recovered from its secret cavities---Statements of complainant, marginal witness to the recovery memo, member of the police party who kept parcel containing the remaining quantity of heroin in malkhana and Investigating Officer were consistent on all material aspects and no distinct discrepancy was noticed to mar the credibility of their testimony---Mode and manner of arrest of the accused, the driver of vehicle, leading to recovery of narcotics was duly proved---Prosecution evidence was unanimous with regard to the arrest of the accused, number of secret cavities, the taking of vehicle to the police station, where the secret cavities were cut through electric cutter and 54 packets of heroin were recovered from the same and to that extent the evidence of the prosecution was also confidence inspiring---Accused, the driver of the vehicle, was responsible for whatever was lying in the vehicle, he could not be absolved of his responsibility of the contraband recovered from the vehicle in question---Prosecution had successfully proved its case against the accused beyond any shadow of doubt---Trial Court had rightly awarded life imprisonment to the accused---Impugned to the extent of accused did not warrant interference by the High Court. Ghulam Qadir v. The State PLD 2006 SC 61 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 29---Possession of narcotics---Possession of illicit articles---Presumption---Appreciation of evidence---Benefit of doubt---Accused, present on front seat of vehicle---Conscious knowledge of accused---Scope---Accused persons were allegedly found to be in possession of…

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