Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 21 & 22---Possession of narcotics---Appreciation of evidence---Accused contended that neither the Investigating Officer was competent to investigate the case nor did he visit the place of occurrence---Validity---Naib Risaldar was duly ordered by the Judicial Magistrate to conduct the proceedings which did not suffer from any illegality unless maid fide of the Investigating Officer was established---No mala fide was established against the prosecution or Investigating Officer---Accused did not deny the ownership of the vehicle or the drums from which the contraband material was recovered---Accused had not stated that he was transporting the said drums to deliver the same to anyone---Material recovered from and articles owned by the accused established that he was in conscious possession of the same---No material contradiction was pointed out in prosecution case---Trial Court rightly assessed the material on record---Sentence awarded to the accused was commensurate with the seriousness of his offence---Appeal was dismissed in circumstances. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---The instant appeal has been filed by appellant with averments that F.I.R. No.18 of 2004 of Levies Thana Taftan was registered on 17-6-2004, wherein he was booked along with three other persons for commission of the offence of recovery of 19 kilograms of heroin powder, which was allegedly recovered from the vehicle driven by him. The trial was conducted and he was convicted of the charge, while sentenced to suffer imprisonment for life with fine of Rs.100,000, in default have to suffer further imprisonment for one year, through judgment made on 28-2-2005 by Special Judge/Sessions Judge, Noushki. He being aggrieved of the punishment awarded to him filed instant appeal seeking setting aside of impugned judgment thereby his acquittal of the charge on grounds that the trial Court failed to consider provisions contained in section 22 and section 21 of Control of Narcotics Substances Act, 1997, which though are mandatory in nature, but violated in present case. Further, despite the admission of Investigation Officer that he…

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