Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to the State by Supreme Court to reappraise the evidence on record in order to ascertain as to whether acquittal of accused had been recorded by the High Court in violation of the reported as Ghulam Sikandar and others v. Mamraz Khan and others PLD 1985 SC 11. Muhammad Sarwar Khan, Additional Advocate-General and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 28th June, 2004. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.-----This petition for leave to appeal has been filed against the judgment dated 20th November, 2002 passed by the High Court of Sindh, Karachi, whereby Criminal Appeal No. 111 of 2001 filed by respondent has been accepted and he was acquitted of the charge under section 9(c) of the Control of Narcotic Substances Act, 1997. 2. Precisely stating the facts of the case are that respondent was apprehended on 4th May, 1999 by the Excise Police when he was boarding on a Vehicle bearing No.IG-6077, Honda Civic, black colour, along with the driver namely Tony. No sooner the vehicle was stopped, the driver made his escape good. As far as the respondent is concerned, he was, however, and from the search of vehicle, 300 Kgs. of Charas, packed in 20 cartons was recovered from rear seat and the dickey of the car. Accordingly, case was registered vide F.I.R. No.7 of 1999 at Police Station Karachi South. Investigations were carried out and he was sent up to face trial before the Court of competent jurisdiction. As the respondent did not plead guilty to the charge read over to him and claimed trial, therefore, prosecution led evidence to substantiate accusation against him. Learned trial Court, on conclusion of the trial, vide judgment dated 15th July, 2000, opined that he is guilty for the commission of the offence and sentenced him to imprisonment for life with fine of Rs.10 lacs, in default whereof to undergo 5 years' R.I. Appeal filed by the respondent before the-High Court of Sindh,…

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