Law: Control of Narcotics Substances Act, 1997

Section: 9(C)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Conviction converted from S. 9(b) to S. 9(c)--It is well settled by High Court in case of any controversy with regard to weight of contraband, preference shall be given to scale used by experts of laboratory and determined by them--Formula of excluding sample from whole contraband and then to decide quantum of sentence according to contraband--In above quoted , formula has been given that out of one gram if 00.76 gram is sent for chemical analysis then it amounts to be 24% less than alleged weight--In same manner as mentioned above sample which has been received in office of PFSA was, 00.76 grams but sample obtained by complainant was one gram which clearly shown defective/underweight scale--As per above mentioned formula, weight of sample parcel received in office of PFSA i.e. 00.76 gram is to be minused from weight of sample i.e. one gram allegedly extracted by complainant and then this percentage is minused from net weight of contraband--According to this formula one gram from recovered heroin was obtained by complainant and as per report of PFSA sample which has been received in office is 00.76 gram and thus weight of sample is 24% less then from actual weight of sample parcels, therefore, keeping in view percentage of deficiency found in weight of sample weight of total contraband recovered from appellant should also be determined after deducting 24% that become 798 grams heroin--Actual weight of heroin proven to be recovered from appellant cannot be more than 1000 grams and case of appellant falls within purview of Section 9(b) of CNSA, 1997--As such, conviction of appellant is converted from Section 9(c) of CNSA, 1997, to Section 9(b) of CNSA, 1997--Court is inclined to alter conviction of appellant reduce his sentence from Six R.I, to One year and 10 months R.I, and also reduce amount of fine from Rs. 30,000/- to Rs. 15,000/- or in default simple imprisonment for 05 months--Appeal was dismissed. [Pp. 74 75] A, B C 2017 PCr.LJ 1077 and PLD 2009 Lahore 362. Judgment Sardar Muhammad Sarfraz Dogar, J.--The instant appeal in terms of Section 48 of The…

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