Case Details

Citation(s)
2021 SLG 2227 2021 SLD 2227 2021 PLJ 202
Supreme Court of Pakistan
Crl. A. No. 630 of 2019, decided on 28.10.2020, Date of hearing: 28.10.2020. (Against the judgment dated 11.09.2018 passed by the High Court of Sindh, Bench at Sukkur in Criminal Jail Appeal No. D-175 of 2017)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE , QAZI MUHAMMAD AMIN AHMED, JUSTICE
M. Sharif Janjua, ASC for Appellant. Mr. Hussain Bux, Addl. Prosecutor General Sindh for State.

GULZAR

VS

STATE

Law: Control of Narcotics Substances Act, 1997

Section: 9(C)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Safe transmission--Prosecution failure to establish safe transmission to office of chemical examiner--PW examined under shadow of public prosecutor, did not utter a single word to prove transmission of entire cache, purportedly transmitted by him to office of chemical examiner--Accused was acquitted. JUDGMENT Qazi Muhammad Amin Ahmed, J.- The appellant was surprised with a considerable cache of cannabis by a contingent of Khanpur Mahar Ghotki police on 27.3.2017; a Special Judge (CNA) Ghotki vide judgment dated 20.10.2017 returned him a guilty verdict; convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997, he was sentenced to 10-1/2 years rigorous imprisonment with a direction to pay fine in the sum of Rs.50,000/- or to undergo simple imprisonment for a period of 8 months in lieu thereof, pre-trial period inclusive, upheld by a learned Division Bench of the High Court of Sindh vide impugned judgment dated 11.9.2018, assailed by the convict through a jail petition. 2. Heard. Record perused. 3.…
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