Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---Possession of 36 kgs of charas---Appreciation of evidence---Benefit of doubt---Prosecution case was that 30 packets of charas each of 1200/1200 grams, lying in secret cavity made beneath the drivers seat of the vehicle were found, which was being driven by the accused---Record showed that when parcel wherein the Seizing Officer had kept the 30 packets after separating therefrom the representative samples, was opened before the Trial Court, it turned out to have only 28 packets instead of 30 as alleged in the FIR---Representative samples for chemical analysis were taken only from 20 packets and not from 28---Said aspect of the case was so startling that same had crumbled the prosecution case to dust---Appeal against conviction was allowed, in circumstances. JUDGMENT LAL JAN KHATTAK, JUSTICE:---.--- Through this judgment we shall also decide Criminal Appeal No.151-P/2021 as both the cases have emanated from same FIR bearing No.69 dated 10.03.2017 under section 9(c) CNSA/15 CNSA of police station Usterzai Kohat. Appellant Syed Jawad Hussain has been convicted and sentenced to imprisonment for life under section 9 (c) CNSA/15 CNSA with fine of Rs.400,000/- or in default whereof to further suffer simple imprisonment of one year with benefit under section 382-B, Cr.P.C., who has impugned his conviction and sentence through Cr. A. No. 1028-P of 2020 whereas appellant Mohsin Raza has assailed order of the learned trial Court dated 25.01.2021 whereby truck bearing registration No.K-8607/Peshawar (the vehicle ) has been confiscated to the State. 2. Brief facts of the case are that on 10.03.2017 (PW.5) Muhammad Afzal, SHO of police station Usterzai along with other police personnel was present at Marai Check Post for checking when in the meantime from Tera side the vehicle reached there which was signaled to stop. On checking, 30 packets of charas each of 1200/1200 grams lying in secret cavity made beneath the drivers seat of the vehicle were found which were taken into possession. The charas on weighment turned out to be of 36000 grams. From each packet, the complainant separated 5/5 grams contraband for…

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