Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---.--- ---.----S. 9(c)---.---Possession and transportation of narcotic---.---Appreciation of evidence---.---Sentence, reduction in---.---Sample of recovered narcotic sent for chemical analysis---.---"Representative sample"---.---Scope---.---"Sufficient quantity" of narcotic sent for analysis---.---Definition---.---Narcotic weighing 200 kilograms was recovered from the vehicle which was being driven by the accused---.--- Six samples of 5 grams each were separated from the recovered charas and sent for chemical analysis---.---Accused was sentenced to death at conclusion of trial---.---Validity---.---Separate samples from each packet/piece were not collected for purposes of chemical analysis, therefore sample sent could not be said to be a "representative sample" and it also did not come within definition of "sufficient quantity"---.---Only that quantity of charas regarding which conclusive evidence by way of chemical report was available had to be presumed as recovered from the accused---.---Statement of one of the prosecution witnesses (customs official) was also not clear with regard to quantity of charas recovered---.---Vehicle was also not owned by the accused---.---Death sentence imposed by Trial Court being too harsh, in circumstances was converted into imprisonment already undergone by accused---.---Appeal was dismissed accordingly. 2012 PLD SC 380 rel. THIS JUDGMENT DELIVERED BY: SHAUKAT AZIZ SIDDIQUI, JUSTICE:---.---- Appellant preferred the instant jail appeal being aggrieved of the judgment dated 20-11-2008 passed by learned Additional Sessions Judge, Islamabad whereby he was convicted under section 9(c) of CNSA and sentenced to death with a fine of Rs.100,000/- and in default whereof to undergo 2 years' S.I. in case F.I.R. No.51 dated 9-3-2005 registered at Police Station Tarnol, Islamabad. 2. The prosecution case as set out in complaint Exh.PD, on the basis of which formal F.I.R. Exh.PD/1 was registered and law was set into motion, is that on 9-3-2005, on a spy information received by Collector Customs, Rawalpindi that charas would be smuggled from Tribal Area, through Suzuki Khyber, bearing…

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