Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25,48

Law: Criminal Procedure Code (V of 1898)

Section: 103,173,340(2),342,410

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

Section: R.5,6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possessing of narcotics---Appreciation of evidence---Prosecution case was that on spy information that accused persons were indulged in running a narcotic den, the complainant along with informer reached at the pointed place and apprehended the accused persons---On their personal search, 5400-grams charas, 420-grams opium and three bottle liquor were recovered---On their pointation, 71-kilogram charas in two fiber drums were recovered from the kachizameen, 52-kilograms charas from a car belonging to accused and 170 bottles of desi liquor from the cart owned by accused persons were recovered---Samples from each and every packet were taken for chemical analysis---All the material witnesses had fully corroborated the version of each other more particularly the eye-witnesses---No contradictions existed regarding receiving spy information, conducting raid and recovery of the narcotics from the personal possession as well as on the pointation of the accused persons---Witnesses were subjected to lengthy cross-examination but their evidence remained un-shattered---Report of the Chemical Analyst was in positive and the defence had not disputed the nature of substance nor challenged the authenticity of the report of the Chemical Analyst---Neither the accused persons had brought on record any substantive material to show that the report of the Chemical Analyst was the result of tampering or manipulation nor any illegality or irregularity had been found in the test performance report of the Chemical Analyst---Defence had objected that the Investigating Officer acted as complainant, but Police Officer was not legally prohibited to be a complainant, if he was a witness to the commission of offence and also to be the Investigating Officer so long as it did not in any manner cause prejudice to the accused---Circumstances established that prosecution had succeeded to prove the guilt of accused---Appeal was dismissed being devoid of any merit. PLD 2012 SC 380; 2017 YLR 878; 2017 PCr.LJ 668; 2015 SCMR 1002; 2007 YLR 2559; 2000 PCr.LJ 374 and 2008 SCMR 991 ref. (b) Control of Narcotic Substances Act (XXV of…

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