Law:

Section:

(a) Control of Narcotic' Substances Act (XXV of 1997)--- ---Ss. 9(c) & 25---West Pakistan Arms Ordinance (XX of 1965), S.13(e)---Appreciation of evidence---Conviction of accused---Both prosecution witnesses were cross-examined at length, but nothing could be brought on record to contradict evidence of both witnesses---Evidence of said witnesses was uniform on all material aspects of case, except some minor discrepancies or contradictions which could occur in evidence when same was recorded after a lapse of 8/9 months---Said minor discrepancies and contradictions could be ignored easily when oral evidence furnished by prosecution witnesses was confidence-inspiring--­Through said minor contradictions, no change in the prosecution story had occurred nor case of prosecution had been altered and credibility of witnesses was not affected---Investigating Officer had tried to associate two persons in the investigation, but they declined to do so---Even otherwise provisions of S.103, Cr.P.C. were applicable to search of a house or a place whereas in the present case search was made from the boat anchored at sea and S.103, Cr.P.C. was not applicable in such a situation---Provisions of S.103, Cr.P.C. were not applicable as same had specifically been excluded from their application in cases of Control of Narcotic Substances Act; 1997 by virtue of S.25 of the said Act--­Provisions of Ss.20 & 21 of Control of Narcotic Substances Act, 1997 had not been violated as complainant/Investigating officer received information about availability of Narcotics in the boat after Court hours and immediately thereafter a raiding party was prepared and raid was conducted at 10-00 p.m. ---Complainant in circumstances was competent to search the boat without search warrant---Fact that samples and remaining property were sealed at the place of incident was confirmed when property lying , in the card board carton was de-sealed in the Court---No allegation was there to the effect that slabs lying in said card board were tampered with---Was immaterial as to who produced samples before Chemical Analyzer when Chemical Analyzer had received samples duly sealed and without any…

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