Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Narcotic substance, recovery of---Appreciation of evidence---Sentence, reduction---Quantity of narcotics---Determination---Charas packed in 226 packets was recovered from secret cavities of vehicle in which accused was present---Each packet contained three (3) slabs of Charas and 10 grams of Charas was taken as sample from each packet---Slabs from which samples were taken had not been separately weighed and weight of each slab could not be determined with precision---If sample from each slab could have been taken, the matter would have been different---If each slab from which sample was taken was weighed and their weight was more than 10 kilograms, there would have been no reason to alter sentence awarded by Trial Court---High Court disapproved the mode adopted by Trial Court for determining weight of each of the 226 packets from which samples were taken---High Court converted sentence of imprisonment for life into one already served by accused as quantity of Charas recovered from the possession of accused did not exceed 10 kilograms---Appeal was dismissed accordingly. Ameer Zeb v. The State PLD 2012 SC 380 and Taeb Hussain v. The State (Criminal Appeal No.63 of 2013). rel. JUDGMENT GHULAM AZAM QAMBRANI, JUSTICE:---.--- This appeal has been directed against the judgment dated 22.11.2016, passed by the learned Additional Sessions Judge/ Special Judge CNSA, Islamabad-West, in case FIR No.238/2013 dated 25.05.2013, under section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter be called as C.N.S.A.), Police Station Tarnol, Islamabad, whereby appellant (Mukhtair Ahmed son of Bashir Ahmed) was convicted of the referred offence and sentenced to undergo imprisonment for life, benefit of Section 382(b), Cr.P.C has been extended to the appellant. 2. Briefly stated facts of the prosecution case are that on the complaint of Malik Fazal-ur-Rehman, Sub-Inspector, above referred case was registered. The appellant, namely, Mukhtair Ahmed and co-convict Suleman were specifically nominated in the said FIR. As per the contents of the said complaint (Exh.PA), after receiving spy information as to…

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