| Citation(s) |
|---|
| SLG 1878 (2019) 122 SLD 1878 (2019) 124 SCMR 1314 |
Supreme Court of Pakistan
Jail Petition No. 521 of 2017, decision & hearing Dated: 11-06-2019. (Against the judgment Dated 16.5.2017 passed by the Lahore High Court, Rawalpindi Bench in Criminal Appeal No. 799 of 2016)
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Malik Altaf Hussain, Advocate Supreme Court
Respondent(s) by: Mirza Abid Majeed, DPG
Jail Petition No. 521 of 2017, decision & hearing Dated: 11-06-2019. (Against the judgment Dated 16.5.2017 passed by the Lahore High Court, Rawalpindi Bench in Criminal Appeal No. 799 of 2016)
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Malik Altaf Hussain, Advocate Supreme Court
Respondent(s) by: Mirza Abid Majeed, DPG
MUHAMMAD KAMRAN
VS
THE STATE
Law: Control of Narcotics Substances Act, 1997
Section: 9(c)
Law: Criminal Procedure Code (V of 1898)
Section: 382B
Law: Qanun-e-Shahadat (10 of 1984)
Section: 140
Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 140---Possession of narcotic--- Reappraisal of evidence--- Description of narcotic, discrepancy in---Alleged discrepancy in the description of the contraband recovered, between the complaint and statements of the witnesses went unchallenged during the trial and as such the accused could not claim any benefit thereof in the absence of confrontation within the contemplation of Art. 140 of the Qanun-e-Shahadat, 1984---Jail petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Surprised by a police contingent, the petitioner was found in possession of Charas Garda, weighing 1200-grams within the remit of Police Station Naseerabad Rawalpindi on 26-1-2016; upon conclusion of investigation, he was sent to face trial along with forensic report that confirmed the narcotic character of the substance; in the wake of a regular trial, he was returned a guilty verdict by a learned Additional Sessions Judge at Rawalpindi vide judgment dated 17-11-2016; convicted under section 9(c) of the Control of Narcotic Substances Act, 1997, he was sentenced to 4-years and 6-months' RI along…
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