Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Recovery of narcotic substance---Appreciation of evidence---Sentence, reduction in---First offender---Charas weighing 1375 grams was recovered from accused who was convicted by Trial Court and sentenced to imprisonment for 4- years---Validity---Accused was apprehended by police red-handed in broad-daylight and report of recovered contraband was also positive---Accused failed to show any mala fide/enmity on behalf of police regarding falsely involving him in the case---There were minor discrepancies in statements of witnesses but prosecution case was further strengthened from positive report of Laboratory---High Court maintained conviction awarded to accused but sentence of imprisonment was reduced to one undergone while considering nature of the substance recovered which was less harmful and dangerous as compared to other narcotic substances like heroin etc.; considering quantity of recovered substance; and considering accused was first offender who remained behind bars for about eight months---Appeal was dismissed accordingly. Khuda Bakhsh v. The State 2015 SCMR 733; The State through Deputy Director (Law) Regional Directorate, Anti-Narcotics Force v. Mujahid Naseem Lodhi PLD 2017 SC 671; Naseem Khan v. The State 2021 SCMR 1771; Zulfiqar alias Zulfa v. The State 2021 SCMR 531; Mst. Sughran and another v. The State 2021 SCMR 109; Shaukat Ali alias Billa v. The State 2015 SCMR 308 and Gulshan Ara v. The State 2010 SCMR 1162 rel. ORDER TARIQ MEHMOOD JAHANGIRI, J.---By this criminal appeal, the appellant Rashid Mehmood has assailed the legality and propriety of the judgment dated 07.12.2021, passed by learned Additional Sessions Judge/Judge Special Court CNSA, East-Islamabad arising out of a case vide FIR No. 115/21, dated 01.03.2021, offence under section 9(c), CNSA, 1997 registered at Police Station Sihala, Islamabad, whereby, the appellant has been convicted under section 9(c), CNSA 1997 and sentenced to undergo Rigorous Imprisonment for 04 (four) years and 06 (six) months with fine of Rs. 20,000/- (Rupees twenty Thousand only). In default of payment of fine, to further undergo five (05) months…

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