Law: Control of Narcotics Substances Act, 1997

Section: 9(c),29,25

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

Section: 6

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 29 25---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Criminal Procedure Code (V of 1898), S. 103---Transportation of narcotics---Presumption from possession of illicit articles---Mode of making searches and arrest---Search to be made in presence of witnesses---Scope---Accused was apprehended while transporting 563 kilograms of charas and 1.5 kilograms of opium which were recovered on his pointation from the secret cavities of the vehicle being driven by him---No question was put by the defence counsel to the witness during cross-examination that there was tampering with the case property at the police station or during transmission of the case property to the Chemical Examiner---Procedural details as mentioned in the Chemical Examiners report about the tests applied did not fall short of protocol---Version of the complainant was fully corroborated by mashir of arrest and recovery, which was substantiated with the memo of arrest and recovery, FIR as well as Roznamcha departure and arrival entry showing their movement---Police official was not prohibited under the law to be the complainant if he was a witness to the commission of an offence and also to be an Investigating Officer, so long as it did not in any way prejudice the accused person---Applicability of S. 103, Cr.P.C. in the narcotics cases was excluded and non-inclusion of any private witness was not a serious defect to vitiate the conviction---Prosecution had successfully discharged its duty thereby shifting the burden upon the accused within the meaning of S. 29 of the Control of Narcotics Substances Act, 1997---Appeal against conviction, being devoid of merits, was dismissed, in circumstances. The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Khair-ul-Bashar v. The State 2019 SCMR 930 and Zafar v. The State 2008 SCMR 1254 distinguished. Mushtaq Ahmed v. The State and others Criminal Petition No. 370 of 2019; State/ANF v. Muhammad Arshad 2017 SCMR 283; Ghulam Qadir v. The State PLD 2006 SC 61 and Salah-ud-Din v. The State 2010 SCMR 1962 rel. The State v. Zaffar 2008 SCMR…

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