| Citation(s) |
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| 2025 SLG 2028 2025 SLD 2028 |
474-P/2024
SALAH-UD-DIN,
Date of Judgment: 15.04.2025 Bench: Hon'ble Mr. Justice Sahibzada Asadullah, Hon'ble Mr. Justice Salah-ud-Din Appeal under Section: 48 of the Control of Narcotic Substances Act, 1997 Offence: Section 9(c)/(d), Control of Narcotic Substances Act, 1997 Verdict: Conviction and sentence upheld; appeal dismissed.
Imtiaz Akhtar
VS
The State
Law: Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)-
Section: 9(d)
Law: Code of Criminal Procedure (CrPC), 1898
Section: 382-B,103
Law: The Control Of Narcotic Substances Act. 1977.
Section: 48
REMARKS
The Court has dismissed a criminal appeal filed by Imtiaz Akhtar, challenging his conviction and sentence for possession and transportation of narcotics. The appellant was convicted and sentenced to life imprisonment with a fine of Rs. 500,000 under Section 9(d) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019.
The prosecution`s case was based on a tip-off received by the Anti-Narcotics Force (ANF) about the appellant`s plan to smuggle a large quantity of narcotics from Khyber Pakhtunkhwa to Punjab. The ANF officials conducted surveillance and stopped the Appellant`s vehicle, recovering 20 kilograms of charas and 12 kilograms of opium.
The court held that:
1. The prosecution had established the safe transmission and safe custody of the samples and contraband from the spot to the police station and from the police station to the Forensic Science Laboratory (FSL).
2. The testimony of the official witnesses, including the complainant and the marginal witness to the recovery memo, was confidence-inspiring and remained unshaken during cross-examination.
3. The FSL report confirmed the presence of charas and opium in the samples.
The court ultimately upheld the conviction and sentence of the appellant, dismissing the appeal.
SUMMARY:Drug Trafficking