Case Details

Citation(s)
2020 SLG 964 2020 SLD 964 2020 SCMR 1000
Supreme Court of Pakistan
Criminal Petition No. 1205 of 2019, decided on 4th May, 2020, Date of hearing: 4th May, 2020.
UMAR ATA BANDIAL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
M. Amjad Iqbal, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Arshad Hussain Yousafzai, Advocate Supreme Court for the State.

ASMAT ALI

VS

THE STATE

Law: Control of Narcotic Substances Act, 1997

Section: 9(C)

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 9600 grams of cannibas---Reappraisal of evidence---Statements of recovery witnesses (police officials) were in tune with each other with no apparent motive to implicate the accused on a false charge---Substantial quantity of the contraband ruled out a manipulated recovery---Accused, who was driving the truck in question, in his bid to disproof the charge, admitted most parts of the events that took place on the day of incident except for an obvious denial regarding possession of narcotic in the truck---Accused was rightly convicted and sentenced by the Trial Court under S. 9(c) of the Control of Narcotic Substances Act, 1997---Petition for leave to appeal was dismissed and leave was refused. (b) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Report of Government Analyst---Protocols/ procedure---Scope---Where forensic report conclusively established the narcotic character of the substance with sufficient details regarding the test carried out, the insufficiency of protocols mentioned in the said report was not consequential. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- During an haul up, Asmat Ali, petitioner, on the wheel of truck bearing No. Kohat-C-1417 was intercepted by a contingent of Police Station Cantt. Kohat; 9600 grams of contraband, forensically confirmed as cannabis, recovered from the tool box of the vehicle; learned trial Judge vide judgment dated 24.10.2018 returned a guilty verdict; convicted under section 9(c) of the Control of Narcotic Substances Act, 1997, he was sentenced to…
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