Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Possession of narcotics--- Reappraisal of evidence---Narcotics Analysis Report confirms that the recovery, effected from the accused, on his disclosure, was charas---Forensic report regarding narcotics was strictly in accordance with the principles laid down for such purpose by the Supreme Court---Accused in his statement recorded under section 342, Cr.P.C. alleged false implication and mala fide but record of the case would show that he could not explain and establish the same---No reason or factum of malice was found on record for implicating the accused falsely or with any mala fide---Recovery of narcotics was proved by a police official and the said recovery was also testified by another police official---Non-production of other recovery witness/police official had no bearing on the merits of the case---Appeal was dismissed, and conviction and sentence awarded to accused under section 9(c) of the Control of Narcotic Substances Act, 1997 was maintained. Date of hearing: 22nd September, 2020. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---The appellant-Naveed Akhtar was being interrogated in case FIR No.226/2014 dated 8th July, 2014 registered under section 9(c) of the Control of Narcotic Substances Act, 1997 (the 'Act') at Police Station, Kallar Syedan, District Rawalpindi when during the course of interrogation, the appellant disclosed the fact of presence of some more narcotics in his residential house and upon such disclosure he led the police party to his house and got recovered five packets of charas hidden in a room of his house weighing 6150 grams. Each packet comprising 07 (seven) "Litters" was weighed to 1230 grams. The recovery officer Muhammad Nazir S.I. (PW.5) separated 05 grams charas from each "Litter" and made 35 separate sealed parcels for chemical analysis and the remaining charas was packed in a separate sealed parcel. For the above said recovery, yet another case vide FIR No.228/14 dated 18th July, 2014 was registered against the appellant. On completion of the investigation, the appellant was sent to the court of Additional Sessions Judge, Rawalpindi to face trial. After a…

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