Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---No material contradiction, improvement or exaggeration was observed in evidence of prosecution witnesses who remained consistent and unshattered---Accused failed to establish hostility or grudge on the part of the raiding party of the Anti-Narcotics Force to implicate him falsely---Report of Chemical Examiner was positive---Travel documents recovered from accused a first offender, proved his presence at the airport---Trial Court had already taken a lenient view while awarding sentence to the accused following guidelines set by Supreme Court in cases of first offenders---Judgment of Trial Court being well-reasoned and comprehensive, did not warrant interference---Appeal was dismissed in circumstances. Gul Raeef Khan v. The State 2008 SCMR 865 fol. JUDGMENT SYED HASAN AZHAR RIZVI, J.---The appellant being aggrieved and dissatisfied by the impugned judgment dated 25-5-2010 passed by the Judge Special Court No.1 (CNS), Karachi in Special Case No.93 of 2009 The State v. Muhammad Yaseen son of Noor Hussain, who was convicted and sentenced to suffer R.I. for five years and also pay fine of Rs.50,000 (Rupees fifty thousand only) and in default of payment of fine he will suffer S.I. for three months, has filed the present Jail Appeal. 2. The brief facts given rise to the present Jail Appeal are that ANF received spy information that two persons Yaseen and Mukhtar will smuggle Heroin to Dacca Bangladesh by Flight No.BG-032 from Jinnah International Airport, Karachi to abroad. On that information Sub-Inspector Salman Shaukat of Police Station ANF-C, Karachi, constituted a raiding party consisting upon him and other ANF staff duly armed with official weapons and vehicle proceeded from Police Station vide Entry No.12 at about 0530 hours and reached at about 0600 hours outside the International Departure Lounge, JIAP, Karachi. They met with spy and started secret surveillance over there. On the pointation of spy they saw two persons having trolley bags in their hands coming towards the departure gate, they rushed to apprehend them, but due to rush of people,…

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