Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 540

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), S.540---Appreciation of evidence---Prosecution, in order to prove factum of apprehension of accused and recovery of contraband Charas from the secret cavities of the truck in question, had produced five witnesses---Marginal witnesses to recovery memo., however, had' not been produced at the trial---Was not discernible from the record as to whether said witnesses had been abandoned as unnecessary or not---Said witnesses were material, witnesses and could have been summoned by the Court under S.540, Cr.P.C. as Court witnesses in order to discover the truth for arriving at a just decision---Impugned of conviction of accused was set aside and case was remanded to Trial Court for fresh decision. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Examining, recalling and resummoning of witness---Scope---Primary function of the Court was to arrive at the truth in accordance with law and technicalities should not be allowed to interfere with that function---Provisions contained in 5.540, Cr.P.C. in examining, recalling or summoning any witness, were wide enough to give free hand to Court of law to see that justice did not slip out of hand or was defeated only on technicalities of law---Courts ought to make maximum endeavour for discovering the truth for arriving at a just decision. THIS JUDGMENT DELIVERED BY: IJAZ-UL-HASSAN KHAN, JUSTICE:---.--- Appellants Maqbool son of Shamroz Khan, resident of Nauthia Payan, through Appeal No. 865 of 2004, Nawabzada son of Shahzada, resident of Shaheen Colony, Bara Gate and Nisar Ahmad son of Nazar Gul, resident of Masha Khel, Peshawar, through Criminal Jail Appeal No. 907 of 2004, have called in question their conviction and sentences recorded under section 9(c) of the Control of Narcotic Substances Act, 1997, recorded by learned Sessions Judge/Judge Special Court, Anti-Narcotics, Nowshera, vide his judgment, dated I8-10-2004, in Hadd Case No. 89 of 2003 and each of them was convicted and sentenced to suffer life imprisonment and to pay a fine of Rs.10,00,000 each or in default whereof to undergo additional S.I. for five…

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