Law: Control of Narcotics Substances Act, 1997

Section: 9(c),29

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 29--- Transportation of narcotics--- Presumption from possession of illicit articles---Appreciation of evidence---Scope---Accused persons were alleged to have been found in possession of charas---First Information Report was lodged with promptitude giving no time for concoction---Vehicle in which the accused persons were travelling in and where it would be was based on spy information which clearly mentioned that women would be in the car which led to the calling of lady police officers in order to search the ladies---Arrest and recovery was made from each of the accused persons on the spot---No major contradictions were found in the evidence of the prosecution witnesses---Once the recovery had been proved the onus shifted to the accused persons to show their innocence in that at least they had no knowledge of the narcotics---No delay in sending the chemical report for analysis which turned out to be positive---Recovered narcotics were kept in safe custody from the time of its recovery to the time when it was taken for chemical analysis and no suggestion of tampering with the same was even made---Prosecution had proved its case beyond a reasonable doubt against the accused persons and as such their conviction was up-held---Accused persons were found to be in possession of little over 3 kilograms of charas and each were sentenced to 10 years rigorous imprisonment with fine, however, as per sentencing guidelines the appropriate sentence was rigorous imprisonment for 6 years and 6 months along with fine---Sentences of the accused persons were reduced accordingly---Appeals were dismissed. Khair-ul-Bashar v. The State 2019 SCMR 930; Abdul Ghani v. The State 2019 SCMR 608; The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Nigar Ahmad v, The State 2013 YLR 196; Ghous Bux v. The State 2004 Cr.LJ 843; Ghulam Murtaza v. State PLD 2009 Lah. 362; Ibrar Ullah v. The State 2021 SCMR 128; DS Pakistan Railway, Quetta v. Abdul Sattar 2020 SCMR 1001; Mushtaq Ahmad v. The State 2020 SCMR 474; Zakir Khan v. State 1995 SCMR 1793; Hussain Shah and others v. The State PLD 2020 SC…

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