Law: Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)-

Section: 9(d), 24

Law: Code of Criminal Procedure, 1898

Section: 410, 342, 382-B, 404, 418, 423, 353, 354, 355, 356, 357, 358, 359, 360, 361, 363, 365, 537, 540, 173, 476

Law: Qanoon-e-Shahadat Order, 1984

Section: 17, 79, 129(g), 164

SUMMARY
Sections 9-D, 24,26 and 32 KPCNSA, 2019.
Articles 17,79, 129(g) of Qanun-e-Shahadat Order, 1984.
Section 410, 540 Code of Criminal Procedure, 1898.
Single Convention on Narcotic Drugs, 1961.
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
i. Article 12 of United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 has been incorporated in section 7 of the CNSA, 1997, which prohibits import into Pakistan, export from Pakistan, transport within Pakistan and transship of narcotic substances.
ii. Recovery of narcotic substances from the accused, both the marginal witness to the recovery memo were not produced as witness in the trial court.
iii. In case of recovery of narcotics three fundamental elements must be proved; firstly, recovery of narcotics substances, secondly; it must be demonstrated that the recovered material is prohibited substance within meanings of law, thirdly; conscious knowledge and possession of the accused. Every significant procedural step be undertaken strictly in accordance with the principles laid by law and dictum of the superior judiciary.
iv. Per record; one constable Hidayat who took samples to the FSL, instead of him, one Qaiser Khan, Excise constable was produced as witness, whether the same single aspect can be termed as “reasonable doubt” leading to the acquittal of the accused.
v. Section 540 CrPC: purpose of section of section 540 CrPC is to empower and enable the court to summon any witness at any state of proceedings to ascertain the truth of the matter in order to arrive at just and proper conclusion.
vi. Powers of the appellate court under sections 418 and 423 and scope of section 537 CrPC elaborated.
vii. Guidelines and directions for adopting practice of audio visual recording.
 

JUDGMENT

 The appellant, Mr. Muhammad Sabir, has preferred the present appeal under Section 24 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 (“KP CNSA 2019”) read with Section 410 of the Code of Criminal Procedure, 1898 (“Cr.P.C”) assailing the judgment and order dated 13.01.2025 passed by the learned Additional Sessions Judge-XI / Judge Special Court (CNSA), Peshawar. Through the impugned judgment, the appellant was convicted under Section 9(d) of the KP CNSA, 2019 and sentenced to imprisonment for life along with fine of Rs.10,00,000/- or in default thereof to further undergo simple imprisonment for five months. Benefit of Section 382-B Cr.P.C was extended to the appellant. Being aggrieved, the present appeal was filed.