Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss.6 9(c)---Possession and trafficking of narcotic substance---Appreciation of evidence---Prompt lodging of FIR---Effect---Prosecution case was that 17 kilograms of heroin powder was recovered from the vehicle of the accused---Record showed that FIR was registered with promptitude giving no time for concoction and statements under S.161, Cr.P.C. were recorded promptly which were not significantly improved upon by any witness at the time of giving evidence---Appeal against conviction was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.154---First Information Report---Scope---First Information Report was not a substantive piece of evidence and non-examination of its scribe could not be considered fatal to the prosecution case. Muhammad Akram v. State 2006 SCMR 1567 rel. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss.6 9(c)---Possession and trafficking of narcotic substance---Appreciation of evidence---Prosecution case was that 17 kilograms of heroin powder was recovered from the vehicle of the accused---Record showed that arrest and recovery was made on the spot and the accused was caught red-handed with the narcotic by the police and evidence of witnesses fully corroborated each other in all material respects as well as the prosecution case---In the present case, no enmity had been suggested against any of the police witnesses and as such the police had no reason to implicate the accused in a false case---Spy information about the car and its likely route, which was pointed out by the spy informer, fully corroborated the prosecution case, since that was the car in which the accused was stopped and arrested in whilst proceedings along the informed route and the narcotic was recovered along with the car---Said car was owned by the accused and he was the only person in the car and as such there was no doubt that the accused had actual knowledge of the narcotic which was being transported---Circumstances suggested that it would be extremely difficult to foist such a large amount of heroin---No delay in sending the samples for chemical analysis was found which…

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