Law: Control of Narcotics Substances Act, 1997

Section: 9(c),21,25

Law: Criminal Procedure Code (V of 1898)

Section: 103

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 21 & 25---Criminal Procedure Code (V of 1898), S.103---Possessing contraband narcotics--- Appreciation of evidence---Prosecution had successfully established the recovery of contraband material from the house of accused---Objection that the recovery had been made in violation of the provisions of S.103, Cr.P.C. as no search warrants had been taken in the matter, gave no help to accused---Under the provisions of S.25 of the Control of Narcotic Substances Act, 1997, application of S.103, Cr.P.C. had been excluded---Neglecting provisions of S.21 of the Control of Narcotic Substances Act, 1997, which were directory in nature and not mandatory, would not throw the entire proceedings of recovery out of consideration, particularly when none from the raiding party had been shown having any enmity against accused---No specific or significant contradiction was noticed in the statements of prosecution witnesses, which could discredit or disbelieve their evidence---Prosecution evidence was in consonance, corroboratory and had no defect at all---No dent had been caused to the evidence of prosecution witnesses from defence side---No misreading and non-reading of evidence was found in the case---No defect or lacuna having been noticed in the judgment of the court below, same could not be interfered with, in circumstances. 2007 YLR 3087; 2008 YLR 985; 2006 PCr.LJ 58; 2006 PCr.LJ 988 and 2003 SCMR 54 ref. 2005 MLD 1718 and 2005 PCr.LJ 1858 rel. JUDGMENT ABDUL QADIR MENGAL, JUSTICE:---.--- The appellant, Khalique Dad alias Jan Agha son of Agha Muhammad, has challenged the judgment dated 6-12-2008 of the Special Judge, CNS, Quetta, through which, the learned Special Judge, CNS, Quetta, convicted and sentenced him under section 9(c) of the Control of Narcotic Substances Act, 1997, for the possession of the contraband narcotics to suffer R.I. for life imprisonment with the fine of Rs.100,000. In default of fine, he was ordered to further suffer S.I. one year. The benefit of section 382-B, Cr.P.C. also has been extended in his favour. 2. Brief facts leading to file, the present Criminal Appeal are that, on…

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