Law:

Section:

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 25--Criminal Procedure Code, (V of 1898), S. 103--Procedure of search--Held: Application of S. 103 is specifically excluded by S. 25 of the Control of Narcotic Substances Act, so non-association of member of the public in the recovery proceedings is neither a requirement of law nor an absolute rule. [P. 544] C Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 9(c) & 48--Conviction & sentence--Appreciation of evidence--A large quantity of charas (80 kg) had been recovered from the accused and on his pointation from his brothers house, which by no stretch of imagination could have been falsely planted upon him--Report of Chemical Examiner was also positive--Conviction & sentence upheld--Appeal dismissed. [P. 544] B & D Competency of Witness-- ----Members of police/ANF are competent witnesses in the eyes of law and their testimony is worth reliance unless it is shown that they were false witnesses and have out of malice and ulterior motives involved an innocent person. [P. 544] A Judgment Tariq Shamim, J.--Babar Ali alias Sajoo appellant was tried by the learned Judge Special Court, Control of Narcotic Substances, Lahore in case FIR No. 2 dated 20.2.2001 under Sections 9(c) 15 of the Control of Narcotic Substances Act, 1977 registered at Police Station A.N.F. Lahore, who vide judgment dated 19.4.2003 convicted the appellant for offence under Section 9(c) CNSA and sentenced him to imprisonment for life with a fine of Rs. 3,00,000/- (Rupees three lac) or in default thereof to further undergo one year S.I. availing the benefit of Section 382-B Cr.P.C. Being aggrieved of the conviction and sentence awarded to him, the appellant has filed the instant appeal. 2. The brief facts of this case as narrated in the FIR (Ex.PA) are that on 20.2.2000 Muhammad Riaz Sumro, Assistant Director, ANF, Lahore, complainant of the case after constituting a raiding party for checking the drug peddlers was present at Railway Crossing Tehait, Green Town, Lahore. At about 4:45 p.m two persons came on a motorcycle No. LOF-3106 towards Railway Crossing carrying a plastic "Tora". On suspicion they…

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