Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25

(a) Control of Narcotic Substances Act (XXV of 1997)---

----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Absence of any apparent reason to falsely implicate the accused for possession of 15.6 kg of narcotic, negated the hypothesis of fake imposition---Methodology adopted by accused of transporting drugs while travelling with wife and children was not unusual in drug trafficking cases---Presence of a lady constable who frisked and arrested the wife/co-accused went a long way to support the prosecution case---Inspector and lady constable (official witnesses) furnished details of the arrest and recovery; their statements were in a comfortable and confident unison on all the salient aspects of the raid as well as details collateral therewith---Prosecution had proved its case against the accused beyond reasonable doubt---Petition for leave to appeal was dismissed and leave was refused.

(b) Control of Narcotic Substances Act (XXV of 1997)---

----Ss. 9(c) 25---Possession of narcotic---Reappraisal of evidence---Non-association of witnesses from the public---Supreme Court observed that absence of a witness from the public, despite possible availability was not a new phenomenon; it was reminiscent of a long drawn apathy depicting public reluctance to come forward in assistance of law, due to exasperating legal procedures and lack of witness protection---In such circumstances, evidence of official witnesses was the only available option to combat the menace of drug trafficking with the assistance of functionaries of the State; their evidence, if found confidence inspiring, may implicitly be relied upon without hesitation, as their status as witnesses was second to none.

ORDER
QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.---

On a tip off, Shabbir Hussain, petitioner, accompanied by his wife Sakina Bibi and two minor daughters was surprised by a contingent of Anti Narcotic Force Faisalabad on 29.4.2013 in service area of Adda Johal. Upon search, the couple was found in possession of 15.600 kg, separately held by each in the bags carried by them; they claimed trial that resulted into their convictions under section 9(c) of the Control of Narcotic Substances Act, 1997; each was sentenced to imprisonment for life vide judgment dated 18.6.2014. The High Court maintained the convictions, however, substantially reduced the fine imposed by the trial Court; sentence awarded to Sakina Bibi co-accused was also reduced to the period already undergone by her vide impugned judgment dated 8.11.2017, vires whereof are being assailed on the grounds that it is extremely improbable that the petitioner accompanied by his better half and two minor daughters would carry such a huge cache of contraband; that despite availability none from amongst the public came forward to attest the recovery, otherwise suspect in view of discrepant statements of the witnesses; forensic report, on samples belatedly dispatched, inherently deficient in protocol details, was the last nail in the coffin, concluded the learned counsel. The learned Law Officer, contrarily, faithfully defended the judgment.

2. Heard. Record perused.

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492