Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Appeal No. 63970 of 2020, heard on 8th November, 2021. Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence--- Non-production of material witness---Non-production of Register No. XIX---Effect---Accused was allegedly found in possession of 2150 grams of heroin---Muharrir stated that he had received sample and case property from Investigating Officer and that he had deposited it in Malkhana, but the official who had produced it from the Malkhana was not produced by the prosecution---Register No. XIX maintaining the relevant entry was also not produced in evidence---Complainant had admitted in his cross-examination that his caste was Kalyar; that Loona were their political rivals and that the accused was a Loona by caste---Both accused and complainant belonged to the same area---Report of Forensic Laboratory revealed that net weight of the sample was 100.85 grams whereas 108 grams was separated--- High Court by placing reliance on ‘Ikramullah and others v. The State [2015 SCMR 1002]’ convicted the accused to what he had already undergone as he had spent more than one year behind the bars. Ikramullah and others v. The State 2015 SCMR 1002 and Ghulam Murtaza and another v. The State PLD 2009 Lah. 362 rel. JUDGMENT ALI BAQAR NAJAFI, J.---Through this appeal under section 48 of Control of Narcotic Substances Act, 1997, the judgment dated 05.11.2020 passed by the learned Sessions Judge, Chiniot in case FIR No. 144 dated 20.04.2020 registered under section 9(c) of CNSA, 1997 at Police Station Sadar Chiniot, has been challenged whereby the appellant was convicted under section 9(c) Control of Narcotic Substances Act, 1997 and sentenced to rigorous imprisonment for seven (7) years with fine of Rs. 50,000/- in default whereof to further undergo simple imprisonment for seven (7) months. Benefit of section 382-B, Cr.P.C. was also extended to the appellant. 2. Brief facts of the prosecution case against the appellant as narrated by Ubaid Ullah, S.I. (PW-1) in complaint (Exh.PC) is that on 20.04.2020 he along with other police officials was present at More Bhatti Wala Chak No. 127/JB Faisalabad Road, the…

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