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--Modification--Contents off FIR was not clear that recovered contraband charas was in what shape--Validity--Allegedly recovered charas was comprising upon two pieces and 54 grams was allegedly separated as sample, however, it has not been got clarified by prosecution that what was weight of each piece--There is no option left except to take into consideration only that quantity of charas for purpose of conviction and sentence, which has been received through sealed parcel of sample by and it was 54 grams Charas--As per record appellant remained behind bars since registration of F.I.R-Accuseds was convicted and if period of his imprisonment is calculated, he has already served out more than one year and ten months imprisonment--While modifying conviction of appellant from offence u/S. 9(c) of CNSA, 1997 to Section 9(a) of CNSA, 1997 High Court reduced his sentence to period of 09-months which has already been served out by him--Appeal was dismissed. JUDGMENT Ch. Mushtaq Ahmad, JUSTICE. Hazrat Ali Rehman was tried by learned Additional Sessions Judge/Judge, Special Court (CNS), Khushab in case FIR No. 101 dated 16.3.2018 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Khushab for the recovery of 1080 grams Charas from the possession of appellant. 2. On conclusion of trial vide judgment dated 7.9.2019 he was convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997, PPC and sentenced to 4½ Years R.I. with fine of Rs. 20000/- and in the event of default to undergo further simple imprisonment for five months. Benefit of Section 382-B, Cr.P.C. was extended to the appellant. Feeling aggrieved by that judgment appellant has preferred this appeal. 3. FIR (Exh.PC) was registered on complaint (Exh.PB) of Muhammad Nawaz, S.I. (PW-1) alleging therein that on 16.3.2018 at 1.50 p.m. he alongwith five other police officials was on patrolling duty on Mobile-II driven by Muhammad Sarwar 3/DL near Kath Chowk, Khushab where he received spy information that a suspicious person was standing at Pully Sabir Abad and if raid is…

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