Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--------S. 9(c)---Appreciation of evidence---Evidence of recovery of heroin from the accused was consistent and inspired confidence---Recovery witnesses had no enmity or ill-will towards the accused---Defence version was wild, baseless and an afterthought---Huge quantity of heroin could not have been falsely planted on the accused---Control of Narcotic Substances Act, 1997, is a special law and it did not make any distinction between a "foreigner" and a "local" and was applicable to both---Lenient dealing with foreigners in the matter of sentence would amount to encouraging the foreigners to indulge in narcotics smuggling in the country---Law would cease to be deterrent for foreigners if they were sentenced leniently and such a distinction would defeat the objectives of law---Accused had already been dealt with too leniently by the Trial Court---Conviction and sentence of accused were upheld in circumstances. Obie Funs Emanuel v. The State 1991 PCr.LJ 1705, Khushnood Ahmad v. The State 1991 PCr.LJ 1920, Seleh Dowson v. The State 1991 PCr.LJ Note 123 at p. 89 and Ahmad Kabir v. The State 1983 PCr.LJ 2299 and Haji Naik Muhammad v. The State 2001 PCr.LJ 1160 ref. JUDGMENT M. JAVED BUTTAR, J:---The appellant Joshua Chigbogu, resident of, Oshodi Road, Lagas, Nigeria, alongwith co-accused Frank Elias Sanga, resident of House No.11, Box No.178, Darul Islam Tanzania, was tried by Special Judge, Control of Narcotic Substances, Lahore, in case F.I.R., No.50 of 2002 dated 29-12-2002, registered at Police Station ANF Lahore, for the offences under sections 9 & 15 of the Control of Narcotic Substances Act, 1997, for the alleged recovery of 3.5 Kilograms herion from him. The learned trial Court, vide its judgment dated 22-11-2003, while acquitting both the accused from the charge under section 15 of the Control of Narcotic Substances Act 1997, convicted the appellant under section 9(c) of the above Act and sentenced him to 10 years'. R.I. with a fine of Rs.2,00,000 and in default of payment of the same to further suffer S. I. for one year. The learned trial Court also convicted the co-accused Frank Elias Sanga under section…

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