Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Sentence--Challenge to--Caught read handed with possession of huge quantity of contraband heroin--Recovery witnesses--Positive forensic report--Appreciation of evidence was caught red handed at spot while in possession of 15 K.G heroin out of which three separate parcels each weighing 20 grams were prepared for sending it to offices of chemical analyst--Since complainant after registration of FIR left country and gone abroad therefore, in order to prove contents of complaint appeared before trial Court as secondary evidence who fully supported contents of FIR--No element of malice or previous enmity could be brought on record by defence to extent of these recovery witnesses qua false implication of appellant--After anlayzing entire evidence High Court of considered view that of trial Court was in consonance with evidence produced by prosecution--Trial Court has made fair evaluation of evidence in accordance with settled principles of appreciation of evidence in criminal cases--Appeal was dismissed. JUDGMENT Ch. Mushtaq Ahmad, JUSTICE. Akmal was booked in case FIR No. 408 dated 16.5.2012 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station City, Chiniot for the recovery of 15 Kilograms Heroin. On culmination of trial vide judgment dated 13.7.2015 passed by learned Additional Sessions Judge, Chiniot he was convicted and sentenced as under: ‘U/S. 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced him to Imprisonment for Life, with fine of Rs. 6,00,000/- and in default thereof to undergo further simple imprisonment for six-months. Benefit of Section 382-B, Cr.P.C was extended to the appellant.’ 2. FIR (Exh.PA/1) was registered on the complaint (ExkPA) of Farooq Haider, Excise Inspector Chiniot mentioning therein that on 16.5.2012 at 10.45 p.m. he alongwith Sheraz Hussain, Muhammad Latif and Iftikhar Ahmed, Excise Constables including Naib Ali, Inspector Investigation Cell City Chiniot, Muhammad Ramzan 561/HC, Tanveer Abbas 969/C, Naeem Abbas 772/C, Jabir Ali 1093/C, Imtiaz Hussain 1005/C of Police Station City, Chiniot was present at…

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