Law: Control of Narcotic Substances Act, 1997

Section: 15

Law: Code of Criminal Procedure, 1898

Section: 382-B, 342, 340(2)

Summary The appellant challenged his conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997 (CNSA), whereby he was sentenced to life imprisonment with a fine of Rs.100,000/- for recovery of 48 kg opium and 16.8 kg charas from the trunk of a Toyota Corolla. The High Court dismissed the jail appeal and upheld the conviction, holding that the prosecution had proved the case beyond reasonable doubt through: Direct evidence of the recovery by PW-5 and PW-6. Recovery memo and production of the recovered narcotics and vehicle before the Court. Proper representative sampling of the recovered narcotics. An intact chain of custody from the place of recovery → Malkhana → forensic laboratory. The Chemical Examiner's report confirming that the recovered substances were narcotics. The appellant's conscious control and possession of the vehicle from which the narcotics were recovered. Failure of the appellant to provide any credible defence or rebut the prosecution's evidence. The Court rejected the defence allegations of false implication, contradictions and absence of video evidence, finding the prosecution witnesses consistent and credible. Tagline  “Where narcotics are recovered from a vehicle under the conscious control of the accused, and the prosecution establishes lawful recovery, representative sampling, an unbroken chain of custody and positive chemical analysis, the conviction under Section 9(c) CNSA is sustainable.” ORDER; INAAM AMEEN MINHAS, J.- Through the instant jail appeal, the appellant has assailed the judgment dated 07.05.2024 (“Impugned Judgment”), passed by the learned Judge, Special Court, CNS, Islamabad (“Trial Court”), whereby the appellant was convicted u/s 9(c), CNSA, 1997 in case FIR No.17, dated 01.02.2022, registered u/s 9 (c) & 15 of CNSA, 1997, at Police Station ANF, Islamabad and sentenced to Rigorous Imprisonment for life with fine of Rs.100,000/-, in case of default in payment of fine, the appellant shall further undergo 06 months Simple Imprisonment. Benefit of section 382-B, Cr.P.C was also extended to the appellant. Brief facts of the case…