Law: Control of Narcotics Substances Act, 1997

Section: 48

  JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J: Through the instant criminal appeal under section 48 of the Control of Narcotics Substances Act, 1997 (“Act of 1997”), appellant (Sarwar Khan) impugns judgment dated 28.02.2022, passed by the learned Additional Sessions Judge/Judge Special Court, (CNS), Islamabad (West), whereby he was convicted under Section 9(C) of the Act of 1997, and sentenced to undergo 09 years and 06 months R.I. with fine of Rs. 45,000/-, in default whereof, to further undergo 07 months S.I. with benefit of section 382-B Cr.P.C in case F.I.R No. 388, dated 26.06.2020, under Section 9-C of the Act of 1997, registered at Police Station Tarnol, Islamabad.    According to allegations set-forth in complaint Ex. PA, on 26.06.2020, at about 04:20 pm, Tallat Mehmood SI (PW-4) along with other officials namely Arshad Mehmood, Sajjad and Sher Zaman Constables was present near Chungi No. 26, Sector G-15, Islamabad, in connection with routine patrolling when he received a spy information regarding arrival of drug peddler namely Sarwar Khan (appellant) with a huge quantity of narcotics from Peshawar on public transport; that pursuant to said information, they intercepted the appellant having a black colour bag on his right shoulder after alighting him from the public transport; that on checking the bag, 04 brown/chocolate colour packets of charas whereas 02 white colour packets of heroin were recovered; that on weighing the 04 packets of charas garda, the weight of one packet came out to be 1030 grams, the second 1005 grams, the third 970 grams and the fourth 952 grams. The total weight of recovered charas was 3957 grams; that on weighing the 02 packets of white colour polythene bag containing heroin, the weight of both packets came out to be 1175 grams each and total weight of heroin came out to be 2350 grams; that Tallat Mehmood SI/PW-4 separated 10/10 grams charas for sample from each of four packets of charas whereas separated 1/1 gram heroin for sample from each packet of heroin; that SI/PW-4 prepared the separate parcels of recovered charas and heroin (P-1 & P-2), also prepared six sample parcels of charas and heroin with…