Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9-C--Conviction--Reduction in sentence--Separate sample--Weight of sample separated and weight of sample received in Laboratory--Difference--Complainant had separated 58.25 gram sample from recovered substance and deposited in Punjab Forensic Science Agency, but report shows parcel of weight 44.44 grams--Raised serious question about accuracy of scale--Total Recovery of charas shown as 1165-grams--Keeping in view deficiency in weight of sample, actual weight of recovered substance would be 884.98 grams i.e. 23.70% less than alleged weight--Sentence converted from Section 9(c) to Section 9(b)--Appeal was dismissed. 2017 PCr.LJ 1077, ref. THIS JUDGMENT DELIVERED BY: ASJAD JAVAID GHURAL, J.- Through this appeal under Section 48 of the Control of Narcotic Substances Act, 1997 appellant Tanveer Ahmad alias Peeru has challenged the vires of judgment dated 06.02.2018 passed by the learned Additional Sessions Judge, Layyah in case FIR No. 198 dated 28.04.2017, in respect of an offence under Section 9-C of The Control of Narcotic Substances Act, 1997; registered at Police Station, City Layyah whereby he was convicted and sentenced under the aforementioned offence to the rigorous imprisonment for four years and six months with the fine of Rs. 20,000/- and in default thereof to further undergo simple imprisonment for five months. The benefit of Section 382-B, Cr.P.C. was extended to the appellant. 2. The precise allegation against the appellant, as narrated in the crime report (Ex.PD) is that on 28.04.2017 at about 5:50p.m. complainant Rashid Munir, SI (PW-3) received a tip-off, constituted a raiding party, conducted raid at the entrance gate of Ahmad City and apprehended a person, who subsequently disclosed his name as Tanveer Ahmad alias Peeru (appellant) on the pointation of the spy informer. He was carrying a shopper bag containing charas weighing 1165-grams alongwith the sale-proceed of Rs. 640/-. The complainant separated sample of 58.25 grams for analysis, sealed the sample as well as the remaining narcotic substance and took the same into possessionvide recovery memo. Ex.PA. 3. Muhammad Rashid Munir…

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