Law: Control of Narcotic Substances Ordinance (XXV of 1995)

Section: 9(c),15

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Control of Narcotic Substances Ordinance (XXV of 1995)---- ----Ss.9(c)/15---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider whether in the facts and circumstances of the case, the impugned did not suffer from misreading of evidence on the record having the potentialities of creating doubt in relation to the accused. (b) Control of Narcotic Substances Ordinance (XXV of 1995)---- ---Ss.9(c)/15---Appraisal of evidence---Recovery of ten kilograms of "Charas" from the accused had been proved beyond doubt by the confidence ­inspiring prosecution evidence---Accused had not challenged the nature of the recovered substance being not "Charas" or narcotic before the Trial Court or the High Court and they could not now turn around and say that because only one slabe of half kilogram of "Charas" was recovered from them which was sent to Chemical Examiner who had opined it to be "Charas" therefore, they be sentenced according to the quantity of "Charas" sent to Chemical Examiner--,Prosecution witnesses when examined at the trial were not even suggested by the accused that the remaining property produced in Court was not the same or that the same had been tampered with---Accused also did not pray before the Courts below that entire case property be sent to Chemical Examiner for report as to challenge that it was not a narcotic substance---Conviction and sentence of accused were upheld in circumstances. Nadir Khan and another v. The State 1988 SCMR 1899 ref. JUDGMENT HAMID ALI MIRZA, J.---This criminal appeal with leave of the Court is directed against the judgment dated 1-12-1999 in Criminal Appeal No. 16 of 1999 (Ali Muhammad and another v. The State) passed by learned Division Bench of the High Court of Sindh, Bench' at Sukkur, whereby the said appeal was dismissed maintaining the conviction and sentence under section 9(c) read with section 15 of Control of Narcotic Substances Ordinance, 1995 passed by learned Special Court for Control of Narcotic Substances, Jacobabad as per judgment dated 25-2-1999. 2. Brief facts of the case are that on 25-4-1996 S.H.O Qurban Ali Soomro in company of PCs Sher Ahmed, Punhal Khan…

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