Law: Control of Narcotic Substances Ordinance, 1996

Section: 9(c),9

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

Section: 6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 7200 grams of cannabis---Reappraisal of evidence---Prosecution case was primarily structured upon the statements of official of the Anti-Narcotic Force, who had statedly acted on a tip off to confront the accused at the designated point; they subdued the accused with the contraband and a motorbike, both secured vide inventory of even date---Cache of narcotics weighing 7200 grams could not be viewed as an insignificant quantity---During the cross-examination of the witnesses no flaw or discrepancy was pointed out in their narratives either on salient features of the case or matters collateral therewith; they were in a unison that inspired confidence and, thus, absence of support from the public did not diminish value of their testimony---Story of substitution of accused and making him a scapegoat was unlikely, as the accused was a member of the Frontier Constabulary and there appeared no earthly reason for the officials to hound the accused with no axe to grind in a crowded metropolis with a cache substantial enough in volume as well as cost---Conviction and sentence of accused under S. 9(c) of the Control of Narcotic Substances Act, 1997 were maintained---Petition for leave to appeal was dismissed. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Possession of narcotic---Lack of public witnesses---Testimony of police officials/Anti-Narcotics Force officials---Admissibility---Reluctance by the public to stand in aid of law was symptomatic of abysmal civic apathy which could not be allowed to be used as an escape route from justice--- Being functionaries of the State, officials of Anti-Narcotics Force were second to none in status; their official acts and declarations were statutorily presumed as intra vires unless proved contrarily---In the absence of any flaw or discrepancy in their depositions, their testimony could not be conditioned by additional riders. (c) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of cannabis--- Reappraisal of evidence--- Report of…

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