Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)(c)---Possession of narcotics---Appreciation of evidence---Accused contended that Mashirnama having not mentioned whether the sample of 500 grams of contraband was taken out of all eleven packets or not, such sample would be deemed to have been taken out of only one packet attracting S.9(b) and not S. 9(c) of the Control of Narcotic Substances Act, 1997---Validity--Accepting accused's plea, High Court altered conviction of accused from under S.9(c) of the Control of Narcotic Substances Act, 1997 to the one under S.9(b) of the Act. Muhammad Hashim v. The State PLD 2004 SC 856 ref. THIS JUDGMENT DELIVERED BY: SYED ZAKIR HUSSAIN, J.- This criminal jail appeal is preferred by the appellant against his conviction and sentence pronounced by the learned Special Judge (CNS), Larkana, on 25-6-2009, by way of judgment delivered in Special Case No. 6 of 2006, in the matter of Crime No. 15 of 2006, lodged with Police Station Mahota, for the offences punishable under section 9(c) of Control of Narcotic Substances Act, 1997; on the basis of facts that the appellant. was found in possession of packets of charas, 11 in number by the patrolling police party of said police station on prior spy information on the given date, place and time. He was arrested and said substance was secured from his possession. Out of the same 500-grams was taken as sample and put to a separate parcel under memo prepared to such effect then and there in presence of official mashirs. The appellant and the crime property both were taken to police station, where instant F.I.R was lodged and after investigation charge sheet was filed. 2. Trial as already stated above commenced and on the basis of statements of the members of the said police party including the complainant, mashir etc. the learned trial Court passed conviction and sentence by way of impugned judgment. The sentence, which has been awarded, is life imprisonment for possession of entire 11 kilograms covered under section 9(c) of CNS Act, 1997. 3. The learned' counsel for appellant states that the case of the appellant falls within purview of section 9(b) of CNS Act for the simple…

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