Law: Control of Narcotic Substances Act (XXV of 1997)

Section: 9(c)

(a)   Control of Narcotic Substances Act (XXV of 1997)---

----S. 9(c)---Possession of narcotic substances---Appreciation of evidence--Ocular account of the incident proved---Prosecution case was that 12 kilograms charas in ten packets was recovered from the secret cavity of the vehicle driven by the accused---Two witnesses recorded their statements as recovery witnesses before the Trial Court---In the statement of said witnesses, it was mentioned that after recovery of narcotic substance, 10 packets wrapped in khaki insulation tape and polythene bags total weighing 12 kilograms, were packed in one parcel No.11, after separating 10 sample parcels bearing number 01 to 10 (01 sample parcel from each recovered packet)---Reports of Chemical Examiner showed that it had received 10 parcels for the purposes of chemical examination--Perusal of the statements of said two witnesses, as well as the order sheets of the said dates, did not mention that the parcel was de-sealed in the Court and all ten packets which were recovered from the accused were exhibited and numbered--Circumstances established that the prosecution had proved its case, however, the sentence of life imprisonment awarded to the appellant was harsh as compared to the quality of evidence available on record, therefore the sentence of the appellant was reduced to the period already undergone by him---Appeal against conviction was dismissed with modification in sentence.

Amjad Saddique v. The State 2016 PCr.LJ 1800 and Aziz Ullah through Legal Heirs v. Muhammad Haneef through Legal Heirs PLD 2018 Lah. 132 rel.