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---Prosecution case was that 1530 grams of charas was recovered from the possession of accused---Record showed that police got recovered contraband from his personal possession---Prosecution had proved the guilt of the accused beyond any reasonable doubt and had successfully discharged its burden through consistent and confidence inspiring evidence---Nothing was on record to suggest any ill-will or animosity against any of the prosecution witnesses---Prosecution case was further strengthened by the positive report of Forensic Science Agency---Consequently, the conviction of the accused recorded through the impugned was maintained, however, sentence of the accused was reduced to the period already undergone by him, which would meet the ends of justice---Appeal was dismissed with said modification in sentence. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---Possession of narcotics---Appreciation of evidence---Sentence, quantum of---Scope---Prosecution case was that 1530 grams of charas was recovered from the possession of accused---While considering the nature of the substance being less harmful and dangerous as compared to the other narcotic substance like heroin etc, quantity of the recovered substance and other aspects that the accused was the first offender, behind the bars since his arrest i.e. 10-03-2019 and be given an opportunity to mend his ways, the sentence of the accused was reduced by the High Court to the period already undergone by him, which would meet the ends of justice, however, sentence of fine and imprisonment in default thereof shall remain intact---Appeal was dismissed with said modification in sentence. Khuda Bakhsh v. The State 2015 SCMR 733; The State through Deputy Director (Law) Regional Directorate, Anti-Narcotics Force v. Mujahid Naseem Lodhi PLD 2017 SC 671 and Mst. Sughran and another v. The State 2021 SCMR 109 rel. JUDGMENT RAJA SHAHID MEHMOOD ABBASI, JUSTICE:---.-, Safi Ullah, was surprised by the contingents of Police Station Kohna, Khanewal from Daha Chowk having in possession of charas…

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