Law: Control of Narcotics Substances Act, 1997

Section: 9(c),9,25

Law: Criminal Procedure Code (V of 1898)

Section: 103

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of Narcotics---Appreciation of evidence---Prosecution case was that five kilograms hashish and a cash of Rs.535,000/- were recovered from the vehicle of the accused persons---Record showed that all the witnesses were consistent on all material aspects---No distinct discrepancy was noticed to spoil the credibility of the testimony of the witnesses---Said witnesses were subjected to cross-examination by the defence, but their testimony was not shattered---From the evidence, the mode and manner of arrest of accused leading to the recovery of narcotic had been proved---Prosecution evidence inspired confidence, while recovery of the narcotic from the vehicle which was driven by the accused was also proved by the prosecution---Accused was found responsible for transporting of huge quantity of the narcotic having a prior knowledge of the narcotic substance in his vehicle---In rebuttal to overwhelming prosecution evidence, the accused had failed to produce any tangible, trust-worthy and confidence inspiring evidence of the prosecution witnesses---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed accordingly. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9--- Possession of narcotics---Appreciation of evidence---Transporting of narcotic---Liability of driver---Scope---Person who is on driving seat of the vehicle shall be held responsible for transportation of narcotics. Kashif Amir v. State PLD 2010 SC 1052 rel. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Search and arrest, mode of ---Search to be made in presence of witnesses---Non-association of private witnesses---Effect---Five kilograms hashish and a cash of Rs.535,000/- were recovered from the vehicle of the accused persons---Contention of the accused was that no private person was joined in recovery proceedings except Police Officials, which was a violation of S. 103, Cr.P.C.---Such contention of accused had no…

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