Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession and transportation of 5080 grams of cannabis---Reappraisal of evidence---Accused was apprehended during a routine patrol and his arrest along with contraband were incorporated in the daily diary, entry whereof, was placed on record---Site plan and inspection note also coincided with the details, elaborated in the crime report; these were also consistent with the investigative details---Preponderance of prosecution evidence comprising safe custody of contraband, transmission of sample to the office of chemical examiner with a positive report supported by a unison account furnished by the official witnesses remained unscathed during cross-examination---Prosecution evidence was sufficient to successfully constitute “proof beyond doubt”---Petition for leave to appeal was dismissed and conviction and sentence imposed upon the accused were maintained. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.---Surprised with 5080 grams of cannabis by a contingent of Police Station Pirabad, the petitioner was sent to Court of Session (West) Karachi; upon indictment, he claimed trial that resulted into his conviction under section 9(c) of the Control of Narcotic Substances Act, 1997; he was sentenced to 7-years 6-months with a direction to pay fine vide judgment dated 30.8.2019, upheld by a Division Bench of the High Court of Sindh vide impugned judgment dated 7.7.2020, vires whereof, are being assailed on the grounds that the High Court as well as the Court of Session, concurrently ran into error by placing implicit reliance on the prosecution’s evidence, inherently flawed and tainted, maliciously produced to secure an unjustified conviction; the bottom line is that a false case was cooked up, through abuse of process of law, to hush up an unauthorized raid on petitioner’s house, during the course whereof, cash, gold ornaments as well as other…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492