Law: Control of Narcotic Substances Act, 1997

Section: 9C

Law: Criminal Procedure Code, 1898

Section: 410

 Control of Narcotic Substances Act, 1997 S. 9-c-Criminal Procedure Code (V of 1898), S. 410-Appeal against conviction and sentence-Recovery of opium was attributed to appellant which was recovered at her pointation from her residential room-­ Appellant is wife of a convict from whose possession large quantity of narcotic substances were recovered-Evidence on record showed that appellant and her husband were living in the same house, thus, she did not reside in the house alone and case property allegedly recovered at the instance of appellant belonged to her husband and she was not responsible for the same-Prosecution had not alleged that appellant was found selling or transporting opium from house of her husband-Case against appellant was thus, not free from doubt-Conviction and sentence awarded to appellant was set aside and she was ordered to be released forthwith.                                                                                [P. 556] A Date of hearing: 21.4.2003.                                                                                                                                       judgment Syed Sakhi Hussain Bukhari, J.--This appeal is directed against the judgment dated 31.7.2001 passed by learned Addl. Sessions Judge, Bahawalpur whereby Mst. Shamim appellant was convicted under Section 9-C of Control of Narcotic Substances Act, 1997 and sentenced to suffer R.I. for 14 years. She was also directed to…