Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Prosecution proved that the accused was driving the truck carrying 320 Kg of Hashish---Inference could safely be drawn that accused was in the knowledge of the narcotic/drug hidden in secret cavities of the truck---Contraband recovered would be deemed to be in exclusive possession of the accused---In the absence of any ill-will or animosity on the part of the Police party, huge quantity of hashish could not be expected to have been planted on the accused---Judgment of Trial Court was based on correct application of law and proper evaluation of evidence on record---Charge against the accused stood proved--Prosecution succeeded in proving its case against the accused---Appeal was dismissed in circumstances. JUDGMENT: GHULAM MUSTAFA MENGAL, JUSTICE:---.--- This appeal under section 48 of Control of Narcotic Substances Act, 1997 has been directed against judgment dated 8-6-2009 passed by learned Special Judge, C.N.S Court, Quetta, in C.N.S. Case No.25 of 2008, whereby appellant has been convicted under section 9-C of C.N.S. Act, 1997 and sentenced to suffer R.I. for Life with a fine of Rs.1,00,000 or in default thereof to undergo one year S.I., with benefit of section 382-B, Cr.P.C. Briefly, stated the facts of the case are that on 21-2-2008 an F.I.R. No. 30 of 2008 under section 9-C, of C.N.S. Act, 1997 was registered with Police Station, Air Port Road Quetta on the Report/Murasila of Complainant Syed Zahir Shah Kazmi, IP/SHO, Police Station, Air Port, Quetta stating therein that today he along with his Subordinate Staff had a Naka at Baleli Check Post. On receipt of credible information at 3-00 p.m. a Bedford Truck bearing Registration No.SI-2890 appeared on the scene coming from Chaman side was stopped and on search of the vehicle 320 packets, weighing 320 kg. Hashish were recovered from the secret cavities of the truck; sample of 3kg. from each packet was separated for purposes of Chemical Examination, while remaining Hashish was sealed in 8 sacks and the same were taken into possession. It was further stated that the person driving the vehicle…

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