Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Appreciation of evidence---Sentence, reduction in---Forty-eight packets of opium were recovered from a secret drawer in the cabin of a truck---Each bundle contained 4 kilograms and total opium became 192 kilograms---Only two bundles of 4 kilograms each were sealed separately and were sent for examination and no sample was drawn from remaining 46 bags containing 188 kilograms---Version of the complainant regarding driving of truck in questions by two of accused persons turn by turn from N.-W.F.P. to Sindh Province, and recovery of opium from said truck was corroborated by other prosecution witnesses---Concealment of opium in question in the dash-board of the truck was in the common conscious knowledge of both the accused---No explanation was offered for travelling empty truck without load all the way from Sawabi (N.-W.F.P.) to the place of occurrence---Case of the conscious possession of 192 kilograms of opium was proved beyond reasonable doubt---No independent witness was associated in recovery proceedings and only Police Officials were witnesses in the case---In absence of any enmity or ulterior motives to implicate in the case, evidence of Police Official could be relied upon as Police Officials were as good witnesses as any other citizen unless any mala fides was established against them---Even otherwise provisions of S.103, Cr.P.C. had been excluded under provisions of S.25 of Control of ,Narcotic Substances Act, 1997---Accused persons could not prove that they had only taken lift on truck as their said claim was not corroborated through any other independent witness---Case of acquitted accused was totally on different footing from the case of accused persons---Prosecution had proved its case against both the accused beyond reasonable doubt by producing consistent, corroborative, direct, cogent, confidence inspiring evidence---No illegality, irregularity, infirmity or mis-appreciation of evidence had been pointed out by the defence in findings of Trial Court which convicted accused---Appeal filed against conviction was dismissed, however substantive sentence awarded to accused was…

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