Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Safe custody and safe transmission-Modification in sentence--Recovery of charas in two packets each containing one kg total two kg in the lap of the appellant-Prosecution version with regard to deposit of case property in Malkhana, in absence of statement of Constable, who allegedly deposited there, is ambiguous and indistinct as such it cannot be used against the appellant--Only evidence against the appellant available on file is report of Punjab Forensic Science Agency, which no doubt is positive--Separation of samples, its deposit with moharrar and further transmission of PFSA Office, is taken into consideration, only 100 grams charas can be taken into account against the appellant--Sentence awarded to the appellant under Section 9(c) of the Control of Narcotics Substances Act, 1997 is hereby set aside and he is convicted under Section 9(a) of the Act.  [Pp. 418 421] A, B, C, D E 2021 SCMR 363 ref. Malik Muhammad Yousaf Arain, Advocate for Appellant. Mr. Mohammad Ali Shohab, Deputy Prosecutor General for State. hearing date: 8.9.2021. JUDGMENT Ali Zia Bajwa, J.--Through this criminal appeal Muhammad Ajmal son of Nabi Bakhsh, caste Khaira, resident of Basti Kharor, Bait Khanwala, Tehsil Jatoi, District Muzaffargarh, appellant has challenged his conviction and sentence awarded to him by the learned Additional Sessions Judge, Muzaffargarh in case FIR No. 360/2020, dated 10.07.2020, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered with Police Station Khangarh, vide judgment dated 06.04.2021, as under: Under Section 9(c) of the Control of Narcotic Substances Act, 1997 sentenced to undergo R.I. for four years and six months with fine of Rs. 20,000/- and in case of default in payment thereof, to further undergo S.I. for five Benefit of Section 382-B, Cr.P.C. was also extended in favour of the appellant. 2. Prosecution story as portrayed in the FIR (Exh.PA) lodged by Muhammad Safdar Hussain, ASI (PW-2) is that on 10.07.2020, the complainant along with other police officials was on patrol duty at Shah Garh Pareetam Road when Suzuki Mehran Car bearing…

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