Law: Control of Narcotics Substances Act, 1997

Section: 9(e)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(e)---Possessing narcotics---Appreciation of evidence---Accused was apprehended red-handed, carrying 1700 grants of charas comprising of 170 rods---Accused had neither denied the possession of the same nor had shown that the case made out against hint by the prosecution was false; and said charge had illegally been foisted upon him---Ample opportunity of hearing was provided to accused by the Trial Court to explain his view point and nothing incriminating in that regard had been proved by accused---Accused vide application, addressed to the Special Court had categorically stated that the admitted his crime, but only had requested the court to give him the lesser punishment as he was having small kids "---After receiving the said application, the Trial Court granted hire some time to think over the matter, but his deposition remained unchanged---Trial Court after taking a very lenient view granted a sentence of 4 years only and a fine Rs.20,000---Trial Court having already taken a lenient view by awarding lighter sentence to accused no case of interference had been made out, in circumstances. Nick Kajtazi v. The State PLD 1977 Kar. 1049; Jantan Bibi v. The State 2010 PCr.LJ 164; Shamoon Jatoi u. The State 1996 PCr.LJ 783; Muhammad Hashim v. The State PLD 2004 SC 858 and 2010 PCr.LJ 164 ref. PLD 1977 Kar. 1049 and Muhammad Hashim v. The State PLD 2004 SC 858 distinguished. Mubarak Ali v. The State PLD 2009 Lah. 632 and Surraya Bibi v. The State 2008 SCMR 825 ref. JUDGMENT IRFAN SAADAT KHAN, JUSTICE:---.--- This Criminal Jail Appeal has been filed against the Judgment dated 19-10-2010 passed by Special Judge-H, C.N.S., Karachi in F.I.R. No. 14 of 2010 under section 9(c) of C.N.S. Act 1997 at Police Station Kalakot. 2. Briefly stated the facts of the case are that on 13-1-2010 at about 2030 hours at Mirza Adam Khan Road, near Dhobi Ghat, Karachi, the accused was apprehended by S.-I. Mehboob Elahi, who is also complainant in this case, with the help of other police officials and recovered 170 Rods of charas weighing 1700 grams from the possession of the accused. Charge was framed on 1-4-2010, thereafter the…

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