Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Police witnesses---Scope---Accused challenged his conviction under S. 9(c) of the Control of Narcotic Substances Act, 1997---Complainant stated that he and his staff were conducting a patrol when they received information from a spy that the accused was in his village with large quantity of narcotic substances and was waiting for a customer---Acting on this information, they went to the place of the incident and found the accused standing there with a shopper---Accused was apprehended on the indication of the spy and a shopper containing opium in the form of pieces, weighing 02 kilograms, was secured from him and sealed---On inquiry, the accused led the complainant and his party to nearby bushes, where he took out two bags, each containing 45 packets of charas, weighing 01 kilogram each, totalling 90 kilograms of charas---From each packet of charas, 20 grams were taken out for chemical examination and sealed---Memo was prepared at the spot and the accused was booked in the case---Complainant and his witnesses stood by their version on all material points with regard to the arrest of the appellant and the recovery of the narcotic substance from him, despite lengthy cross-examination; they could not be disbelieved only on the basis that they were police officials; they had no enmity or ill will towards the accused to have falsely implicated him in the case by foisting upon him a huge quantity of narcotic substance---Trial Court was right to conclude that the prosecution had proved its case against the appellant beyond a shadow of doubt---Appeal was dismissed, in circumstances. Zafar v. The State 2008 SCMR 1254; Muhammad Noor and others v. The State 2010 SCMR 927; Kashif Amir v. The State PLD 2010 SC 1052 and Iftikhar Hussain v. State 2004 SCMR 1185 rel. JUDGMENT IRSHAD ALI SHAH, J.---The facts in brief necessary for disposal of instant Criminal Jail Appeal are that on information the appellant was arrested by police party of PS ANF Sukkur; on search from him was secured a shopper containing 02 KG opium and on inquiry he led the said police party…

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