Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c),29,25

Law: Code of Criminal Procedure, 1898

Section: 103,161

(a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9 (c)---Possession of narcotic substance---Appreciation of evidence--Prosecution case was that 22-kilograms charas was recovered from the vehicle of the accused---Record showed that the FIR was registered with promptitude giving no time for concoction---Section 161, Cr.P.C statements were recorded promptly which were not significantly improved upon by any witness at the time of giving evidence---Complainant and the Investigating Officer were also separate Police Officers so there was no conflict of interest---Arrest and recovery was made on the spot and the accused was caught red-handed with the narcotic substance by the police whose evidence fully corroborated each other in all material respects as well as the prosecution case---No enmity had been suggested against any of the police witnesses and as such the police had no reason to implicate the accused in a false case---Accused was the driver of the vehicle which was stopped and the narcotic substance was recovered from his person in the rear of the car which was secured and sealed on the spot---Sufficient evidence had been brought on record by the prosecution to show that the vehicle which the accused was driving at the time of his arrest and recovery was a rental vehicle which was linked to the accused---No major contradictions were found in the evidence of the witnesses and exhibits---Most of the relevant police entries had been exhibited including those relating to departure and safe custody of the narcotic---Chemical report proved to be positive and all relevant protocols were followed---It was extremely difficult for such a large amount of narcotic to be foisted on the accused which was not readily available with the police whist on patrol---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was accordingly dismissed.Mureed Majeedano v. The State 2022 PCr.LJ 961; Qaiser Khan v. The State through Advocate-General Khyber Pakhunkhwa, Peshawar 2021 SCMR 363; Noman Khan v. The State 2020 MLD 1113; Rashid Zaman v. Afzal Awan, SHO Police Station…