Law: Control of Narcotics Substances Act, 1997

Section: 9(a),9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342,382-B

THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, JUSTICE:---.--- This appeal has been filed against the judgment dated 25.02.2017 passed by the learned Additional Sessions Judge, Gujranwala, whereby in case arising out of F.I.R No.51/2015 dated 26.01.2015 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Cantt. Gujranwala (Ex.PA), the learned trial Court convicted and sentenced the appellant as under:- Under Section 9(c) of Control of Narcotic Substances Act 1997 to 09 years and 06 months R.I with fine of Rs.45,000/- and in default of payment thereof the appellant was directed to further undergo S.I for 07 months. Benefit of section 382- B, Cr.P.C. was also extended to the appellant. 2. Briefly, the accusation levelled in the complaint Ex.PA/1 against the appellant, on the basis of which, above mentioned FIR was chalked out, is that on 26.01.2015 Fayyaz Hussain Sherazi, Inspector/SHO/complainant (PW-5) alongwith Muhammad Rafiq ASI, Haji Ahmad 3972/C, Abdul Hameed 1546/C, Saqib Ali 4084/C and Asmat Ullah 975/C on official vehicle was present at Rahwali where he received spy information that a truck bearing registration No.C-9035 having charas and opium was coming from Wazirabad side and could be captured if barricade is installed. On receipt of this information, the complainant alongwith his aforementioned companions reached at Chenab Gate and after some time, on signal of spy, truck was got stopped; truck driver and another person sitting with him having a shopper in his hand started running; driver escaped successfully due to darkness, however, aforementioned person accompanying the driver was apprehended alongwith shopper; he told his name as Zarab Khan; shopper was opened and charas in the form of pieces was recovered from the same, another small shopper was also found in the said big shopper, which small shopper was containing opium. On weighing charas was found as 6-kilogrms whereas opium was found as one kilogram. From the recovered charas, parcel of 100-grams was separated whereas from recovered opium 20-grams sample was separated. Samples and recovered charas and opium were separately sealed and taken into…

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