Law: Control of Narcotic Substances Act, 1997

Section: 9(b),9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(b) 9(c)---Possession and transportation of 3 kilograms of cannabis---Reappraisal of evidence---Sentence, reduction in---Single consolidated sample from all packets sent for forensics---Prosecutions claim of possession of 3 kgs of cannabis wrapped in three different packets notwithstanding, the forensic report unambiguously refered to receipt of single sample of 5 grams---Prosecutions reliance upon a single consolidated sample instead of dispatching three separate samples from each bag brought accuseds case within the purview of S. 9(b) of the Control of Narcotic Substances Act, 1997, and, thus, a corresponding reduction in his sentence was most conscionable in circumstances---Furthermore accused was in his youth with no past history to his discredit---Accuseds sentence was reduced from 3 years rigorous imprisonment to that already undergone by him with reduction in fine to Rs.5000---Petition for leave to appeal was converted into appeal and partly allowed accordingly. (b) Administration of justice--- ----Purpose of administration of criminal justice was to ensure that majesty of law reigned supreme with peace and equilibrium in the society, it was not designed to wreck vengeance; it must provide opportunity to the errant to possibly reform himself so as to rejoin mainstream life as a useful member thereof. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Riding on a bike, the petitioner was surprised by a contingent of Crime Investigation Agency Pashin with 3-k.g. of cannabis, wrapped in three separate packets, concealed beneath the driving seat, on 7.9.2002; along with the contraband, he was handed over to the local police; a learned Additional Sessions Judge at Pashin, returned him a guilty verdict; convicted under clause (c) of section 9 of the Control of Narcotic Substances Act, 1997, he was sentenced to 3-years R.I. with a direction to pay fine, pre-trial period inclusive, upheld by the High Court of Balochistan vide impugned judgment dated 31.12.2020, vires whereof, are being assailed primarily on…

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