Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Possession of narcotics--- Appreciation of evidence---Complainant functioning as Investigating Officer--- Mitigating circumstances---Scope---Appellant filed appeal against his conviction and sentence challenging the passed by Trial Court whereby he was convicted and sentenced for an offence punishable under S. 9(c), Control of Narcotic Substances Act, 1997---Witnesses produced by prosecution narrated the facts leading to recovery of charas weighing 1025 grams---Recovered charas was duly exhibited in evidence, which was taken into possession through recovery memo---Witnesses had given each and every detail of the recovery proceedings and were cross-examined at length but nothing fruitful cropped up during cross-examination---Tenor of cross-examination revealed that the facts in issue were not challenged seriously---Report of Forensic Science Agency confirmed the nature of recovered substance---No prejudice was caused to the accused by functioning of the complainant as an investigating officer---Prosecution had successfully proved its case beyond shadow of doubt by producing relevant and admissible evidence---High Court, while maintaining the conviction but taking into consideration mitigating circumstances such as appellant was a young man, that this was his first conviction and that he, while being on bail and during the trial, had not repeated the offence, reduced the sentence of imprisonment of four years to that of already undergone---Appeal was dismissed with such modification of sentence. (b) Criminal trial--- ----Police Officer as complainant and investigating officer---Propriety---Scope---No legal prohibition exists under the law for a police officer to be a complainant if he is a witness to the commission of an offence and also to be an investigating officer as long as it does not in any way prejudice the accused person. State through Advocate General, Sindh v. Bashir and others PLD 1997 SC 408 rel. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 29---Possession of illicit articles---Presumption---Scope---Once the prosecution is able to bring on record, the evidence to…

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