Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Discrepancies in evidence---Effect---Accused was arrested while travelling in a public transport and was carrying 5 kilograms of charas---Accused was convicted by Trial Court and sentenced to 14 years of imprisonment and fine---Accused pointed out contradictions in the statements of prosecution witnesses with regard to names of persons who boarded bus when it was stopped; about the number of adjoining seat; and about the time of departure of the bus---Plea raised by accused -was that in view of such discrepancies his conviction boas not justified---Validity---All contradictions pointed out were minor in nature because through such contradictions basic story of prosecution was not changed nor through such contradictions improvements had been made so as to strengthen the case of prosecution---Such contradictions. did not come within the definition of major contradictions and could be safely ignored---Minor contradictions could appear when evidence was recorded after lapse of one year---Prosecution had proved its case against accused, beyond any reasonable doubt but the sentence was on higher side, therefore, it was reduced to 10 years---Appeal was dismissed accordingly. Ali Muhammad v. State 2003 SCMR 54 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal procedure Code (V of 1898), S.516-A, proviso three---Recovery of charas---Proof---Sending of samples for chemical examination---Plea raised by accused was that material not sent to Chemical Examiner was not proved to be charas---Validity--When a sample was prepared from the property then it would represent the entire property---Such observation was supported from the provisions of last proviso to S.516-A, Cr. P. C. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.---The present appeal is directed against the judgment dated 22-7-2006 passed by the learned Special Judge. C.N.S., Sukkur by which the learned Judge convicted the appellant for offence punishable under section 9(c) of Control of Narcotic Substances Act, 1997, sentenced him to suffer R.I. for 14 years and fine of Rs.200,000 or in default…

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