Law: Control of Narcotic Substances Act, 1997

Section: 9(c), 29, 15

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence---Confession by one of the accused persons exonerating his co-accused---Scope---Prosecution case was that six kilograms charas, 4.8 kilograms opium and 14 kilograms heroin were recovered from the possession of the accused persons while they were going on a car---Record showed that while answering the charge being framed against him, one of the accused persons confessed before the Trial Court that the other two accused persons were innocent and he alone was responsible for concealing the drugs in the car trunk and, by implication, the prosecution story of distinct recoveries from two accused persons from within the car was not true---Trial Court rightly disbelieved the confession on the basis that the ocular testimonies of prosecution witnesses were too categorical in relation to distinct disclosures and individual recoveries from each of the accused persons for the Court to believe to the contrary---Trial Court also rightly repelled the submission that it could not convict said accused on the basis of the confession while ignoring its exculpatory part in relation to the other two accused, by observing that it was convicting that accused on the basis of the prosecution evidence in its totality and not on the basis of his confession---Appeal against conviction was dismissed, in circumstances.The State v. Rashm Ali Khan PLD 2016 SC 471 ref.Javed Iqbal v. The State 2023 SCMR 139 rel.(b)    Control of Narcotic Substances Act (XXV of 1997)-------Ss. 9(c) & 29---Possession of narcotic---Presumption---Scope---Section 29 Control of Narcotic Substances Act, 1997, created the presumption of the commission of an offence under said Act where a person is found in possession of narcotics, for the possession of which he fails to account satisfactorily--Possession comes first and accounting for it comes later---If there is no possession, there is no accounting for such possession and mere knowledge of the presence of drugs without such possession does not suffice even to raise the presumption under S.29 of the…

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