Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997) S.9(c)Possession of forty kilograms of charasAppreciation of evidenceProsecution case was that on spy information vehicle driven by accused was checked and 40 packets of charas were recovered from secret cavities of the vehicle, each packet weighing one kilogram, total 40 kilogramsProsecution produced recovery witness and complainant to prove the chargeSaid witnesses remained consistent and firm regarding the recovery effected from the accused, they were tested through lengthy crossexamination but their evidence could not be shatteredApparently, sufficient evidence was available on record to prove the guilt of the accused and he being a driver of the vehicle was in charge of the vehicle and his culpability was established beyond the shadow of doubtAccused had taken the stance in his statement recorded under S.342, Cr.P.C, that he was innocent and had falsely been involved into the case due to exchange of hot words with the SHO, but despite that he neither opted to record his statement under S.340(2), Cr.P.C, nor any evidence was produced by him in his defenceMere bald and general assertions were not sufficient to discard the overwhelming prosecution evidenceAccused was admittedly driving the car from which the alleged narcotic was recoveredAccused being the driver was well within the knowledge about the concealment of narcotic in the vehiclePolice Officials were competent witnesses, and their evidence could not be discarded only for the reason that they were Police OfficialsPolice Officials had furnished straightforward and confidence inspiring evidenceCircumstances established that prosecution had proved its case against the accused beyond any shadow of doubtAppeal against conviction was dismissed, in circumstances. Kashif Amir v. The State PLD 2010 SC 1052; Ghulam Qadir v. The State PLD 2006 SC 61 and Riaz Mian v. The State 2014 SCMR 1165 rel. (b) Criminal trial WitnessPolice witnessScopeProsecution witness being Police Official by itself could not be considered as a valid reason to discard his statement/evidence. Zaffar v. The State 2008 SCMR 1254 rel. (c) Control of Narcotic Substances Act (XXV of 1997)…

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