Law: Control of Narcotics Substances Act, 1997

Section: 9(c),9C

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Accused was caught red-handed and from his possession 4 kilograms of heroin, 9 kilograms and 30 grams of opium was recovered--:-Samples were sent to Chemical Examiner for analysis and his report was positive---Recovery witnesses were cross-examined at length, but their testimony was not shaken---No evidence was led in defence to prove the plea of false implication---Conviction could be recorded on the statement of one witness, if his statement was truthful---Law did not require that all the witnesses who witnessed the recovery were to be produced in court---Police Officer and Assistant Director in A.N.F. both witnessed the recovery and signed the recovery memo---Huge quantity having been recovered, hence question of false implication by planting the narcotics was ruled out---Senior Officer who conducted the investigation, had no ill-will or animosity against accused---Accused who' was in possession of quantity more than 10 kilograms was not entitled to reduction in sentence---Prosecution having fully proved its case beyond reasonable doubt, there was no ground for interference. JUDGMENT SARDAR MUHAMMAD ASLAM, J.---Muhammad Shaukat appellant was tried in case F.I.R.No.39 dated 20-11-2001 registered under section 9(c) of Control of Narcotic Substances Act, 1997 at Police Station Anti-Narcotics Force, Lahore. The learned Judge, Special Court, C.N.S., Lahore vide his judgment dated 11-11-2003 convicted him under section 9-C of C.N.S.A., 1997 and sentenced to imprisonment for life and fine of Rs.4,00,000 or in default thereof to further undergo one year's S.I. The benefit of section 382-B, Cr.P.C. was given to him. The convict appellant has filed the instant appeal against his conviction and sentence. 2. Brief facts of the prosecution case are that on 20-11-2001, on spy information, raiding party was constituted. The police along with informer established a secret Nakah at about 12-30 a.m. A person came on motorcycle with Tora on the petrol tank of motorcycle, who was encircled on the pointation of informer and overpowered by the members of raiding party. He disclosed his…

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