Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Case property not produced in Court--Acquittal of was apprehended with 2250 Grams opium out of which 113 grams separated for chemical analysis--Actual fact case property was not produced before the Court--Even in the statement of accused recorded under section 342, Cr.P.C. no specific question in this regard was put to the appellant--Appeal is allowed. [Pp. 256 257] A B M/s. Sheikh Javed Akhtar and Mian Arshad Waqas, Advocates for Appellant. Mr. Muhammad Ali Shahab, Deputy Prosecutor General for State. hearing date: 12.2.2020. JUDGMENT Ch. Mushtaq Ahmad, J.--Hashmat Ahmad, appellant has challenged his conviction and sentence through the instant appeal. He was tried by learned Additional Sessions Judge, Layyah in case FIR No. 17 dated 21.1.2019 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Saddar, Layyah for the recovery of 2250 grams Poast from his possession. 2. At culmination of trial, learned trial Judge vide his judgment dated 28.8.2019 convicted the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997, PPC and sentenced to undergo 04-Years R.I. with fine of Rs. 8500/-and in case of default of payment thercol to undergo further imprisonment for 4½ months S.I. Benefit of Section 382-B, Cr.P.C. was extended to the appellant/ convict. Feeling aggrieved by that judgment the appellant preferred this appeal. 3. FIR (Exh.PA) was registered on the complaint (Exh.PB) lodged by Akhtar Hussain, S.I (PW-4) mentioning therein that on 21.1.2019 at 1.40 p.m. he alongwith Irshad Ali C/307, Kashif Numan C/689, Ghulam Hashim C/227, Khalid Iqbal PQR was on patrolling duty on official vehicle No. LYG-25 driven by Ghazanfar Abbas C/714 near Heera Adda where a person who subsequently disclosed his name as Hashmat Ahmad S/o Shaukat Ali on seeing the police party walking towards Western side who on suspicion was apprehended. On personal search a polythene bag carrying on right hand was checked and found Opium (Poast) which on weigh came to 2250 grams out of which 113 grams was separated for analysis purpose. Hence, this case. 4.…

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