| Citation(s) |
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| 2020 SLG 778 2020 SLD 778 2020 PCRLJ 644 |
Lahore High Court
Criminal Appeal No. 103 of 2011, hearing Date : 18-09-2019
AALIA NEELUM, JUSTICE SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Major (Retd.) Aftab Ahmad Khan for Appellant No.1 with Appellant No.1 in person. Muhammad Younas Bhular for Appellant No. 2 with Appellant No.2 in person. Zafar Iqbal Chohan, Special Prosecutor for ANF for the State.
Criminal Appeal No. 103 of 2011, hearing Date : 18-09-2019
AALIA NEELUM, JUSTICE SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Major (Retd.) Aftab Ahmad Khan for Appellant No.1 with Appellant No.1 in person. Muhammad Younas Bhular for Appellant No. 2 with Appellant No.2 in person. Zafar Iqbal Chohan, Special Prosecutor for ANF for the State.
GHULAM ABBAS AND ANOTHER
VS
THE STATE AND ANOTHER
Law: Control of Narcotics Substances Act, 1997
Section: 9(c),15
Law: Criminal Procedure Code (V of 1898)
Section: 342
(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 15---Possession of narcotics---Aiding, abetment or association in narcotic offences---Receipt in the laboratory and examination of sample with reference to Test Memorandum---Appreciation of evidence---Benefit of doubt--- Contradictory statements of witnesses---Collective report of more than one samples---Non-production of case property---Safe custody---Scope---Accused persons were alleged to have been found transporting narcotics---Complainant deposed that all the accused persons pointed out the narcotics lying in the trunks of the cars whereas recovery witness contradicted him by saying that the complainant had opened the trunks---Complainant and recovery witness had not specifically stated about affixture of any impression seal on the articles seized from the spot---Chemical Examiner had given collective report of all the samples---Cars in question were not produced before the trial court---Complainant had not disclosed about the location of narcotics during the time between drafting of complaint and his reaching back in the police station after completion of proceedings---Prosecution was not able prove its case beyond all reasonable doubts---Appeal was accepted, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Examination of accused---Scope---Court has to accept or reject defense plea in toto and not in piecemeal. THIS JUDGMENT DELIVERED BY: AALIA NEELUM, JUSTICE:---.--- Ghulam Abbas son of Gul Hassan, Caste Syed, resident of Jamalpur Sayaddan, Tehsil and District, Gujrat and Zeeshan Haider, son of Gulraiz Haider, resident of Moinuddin par, Tehsil and District, Gujrat, the appellants were involved in case FIR No.28-2007, dated 20.03.2007, offence under section 9(c) of The Control of Narcotic Substances Act, 1997, registered at Police Station, ANF, Lahore and were tried by the learned Judge Special Court (C.N.S.), Lahore. The learned trial court seized with the matter in terms of judgment dated 13.01.2011, convicted the appellant-Ghulam Abbas under section 9(c) of The Control of Narcotic Substances Act, 1997 and sentenced him to undergo rigorous imprisonment…
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