Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Possession of 18 kgs of charas---Appreciation of evidence---Prosecution case was that 3600 grams of charas was recovered from the accused---Record showed that evidence of witnesses was coherent and confidence inspiring---Said witnesses had corroborated each other on all material points/recovery and the manner in which recovery was effected from the possession of accused---Contention of the accused that no private person had been associated to witness the recovery, as such, the recovery was foisted, was devoid of force as by virtue of S. 25 of the Control of Narcotic Substances Act, 1997, application of S. 103, Cr.P.C., had been excluded in such cases---Defence had failed to point out anything in the cross-examination of the prosecution witnesses that charas had been foisted upon the accused by the police---Defence had also failed to point out enmity of the Police Officials with the accused and even the accused had taken no such plea in his statement recorded under S. 342, Cr.P.C.---All the prosecution witnesses were straightforward and consistent, bracing the cross-examination without any embarrassment---Evidence of witness was not rendered untrustworthy only on account of their being official witnesses---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was dismissed accordingly. Abdul Waqar v. The State 2018 YLR 2358 and Taiz Ali and another v. The State 2018 PCr.LJ Note 30 ref. (b) Criminal trial--- ----Witness---Police witnesses---Reliance---Scope---Police Officials are as good witnesses and could be relied upon, if their testimony remained un-shattered during cross-examination. Salah-ud-Din v. State 2010 SCMR 1962 and Abdul Wahab and another v. The State 2019 SCMR 2061 rel. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 3600 grams of charas---Appreciation of evidence---Safe custody and transmission of samples of the narcotic from the police to the Chemical Examiner---Scope---Prosecution case was that 3600 grams of charas was recovered from the possession of…

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