Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Appreciation of evidence---Sentence, reduction in---"Representative sample"---Scope---Accused was held guilty for possessing 15 Kgs. of contraband "crushed poppy heads"---Trial Court convicted the accused and sentenced him for life imprisonment with fine---Validity---Representative sample of 10 grams was in fact taken out of 15 Kgs. of narcotics---Sample of only ten grams from huge quantity of 15 Kgs. of crushed poppy heads could not be termed as "representative sample"---Control of Narcotic Substances Act, 1997 had to be construed strictly and relevant provision of law dealing with the procedure as well as furnishing proof like report of expert etc. were to be followed strictly in the interest of justice, otherwise it would be impossible to hold that the total commodity recovered from the possession of the accused was narcotic---Accused deserved remission in sentence---Sentence was reduced to one already undergone by the accused---Appeal was dismissed. Ameer Zeb v. The State PLD 2012 SC 380 and Muhammad Imran v. The State 2011 SCMR 1954 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Appreciation of evidence---Apprehension of accused---Procedure---Sentence, reduction in---Natural Justice, principles of---Applicability---Accused was held guilty for possessing 15 Kgs. of contraband "crushed poppy heads"---Trial Court convicted the accused and sentenced him for life imprisonment with fine---Validity---Discrepancies existed in evidence of prosecution witnesses---Proceedings conducted by the investigating agency were to be transparent---Special attention should be paid at the time of apprehension of the accused, his search, recovery proceedings and each and every detail should be brought on record so that it could be ascertained that entire proceedings conducted by the investigating agency were transparent and smacked truth---Awarding sentence of life imprisonment to accused on basis of evidence containing discrepancies would be violation of principles of natural justice---Accused deserved remission in…

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