Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997) --- ----S. 9(c)---Possession and transportation of 1920 grams of cannabis---Reappraisal of evidence---Accused relied upon a habeas corpus petition filed by his brother against the local police to raise the plea of his false implication in the case---Such petition had been dismissed by the court as a bailiff/Raid Commissioner deputed by the Court reported the accusation as factually incorrect---Accused did not opt to enter the witness box to disprove the charge against him---Furthermore considerable quantity of the contraband recovered from the accused ruled out false imposition---Both the recovery witnesses were not alleged to have any past animosity with the accused---Witnesses remained straightforward and consistent during their cross-examination---Safe custody and transmission of samples was established by the record and forensic report of the samples was positive---Preponderance of prosecution evidence, constituted a continuous chain of events that framed the accused with the charge---Trial Court, after twice appraising the evidence found the witnesses in a unison, which view was confirmed by the High Court---Petition for leave to appeal was dismissed, leave was refused and conviction and sentence of accused were maintained. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Surprised by a contingent of Mitiari police with 1920 grams cannabis, the petitioner was sent to face trial before a learned Additional Sessions Judge/Special Judge (CNS) at Hyderabad; he claimed trial that resulted into his conviction under section 9(c) of the Control of Narcotic Substances Act, 1997 vide judgment dated 12.11.2019; he was sentenced to 4-years 6-months with a direction for payment of fine. The High Court of Sindh first remanded the case for petitioners re-examination under section 342 of the Code of Criminal Procedure, 1898, however, the trial Court again proceeded to convict him with the same quantum of sentence vide judgment dated 10.08.2020, upheld vide impugned judgment dated 27.08.2020, vires whereof, are being assailed on a number of grounds; the bottom line is that a fake recovery was foisted upon the petitioner to settle a…

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