Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Reappraisal of evidence---Sentence, reduction in---Chemical examination---Failure to send samples from each packet containing narcotics---Effect---Both the accused were convicted for transporting and possessing 48 kilogram of Charas and 1.2 kilogram opium and sentenced to life imprisonment and fine---Conviction and sentence awarded by Trial Court was upheld by High Court---Plea raised by accused was that out of 48 packets of Charas only one packet was sent for chemical examination---Validity---Admittedly only one packet of Charas and one packet of opium was sent to Chemical Examiner for the purpose of analysis and to that effect, the report was positive---Effect of omission and inefficiency of the officer concerned was that only a small amount of alleged total was proved to be Charas and opium---Supreme Court maintained the conviction but reduced the sentence from imprisonment for life to ten years and also fine from Rupees one million each to Rupees two hundred thousand.Rafaqat Hussain Shah, Advocate Supreme Court for Petitioners. M. Zaman Bhatti, Advocate Supreme Court for the State. Date of hearing: 5th April, 2006. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Waris Khan, Nizam and Gulzada seek leave to appeal against the judgment, dated 25-1-2005 rendered by a learned Division Bench of Lahore High Court, Rawalpindi Bench, whereby, the petitioners, under section 9(c) of the Control of Narcotic Substances Act, 1997, stood finally convicted and sentenced to imprisonment for life with a fine of rupees ten lac each, in default of payment whereof, they were to suffer further simple imprisonment for two years. (2). Charge against the petitioners was that while travelling together in Mercedes Car No.IDD-7474, they were checked by Excise Staff on 22-5-2001 at 1330 hours. From the secret cavities of the car, Charas weighing 48 kilograms and opium weighing 1.2 kilograms were recovered. F.I.R. No.148 was registered at Police Station Attock Khurd, District Attock. The sentence imposed by learned Additional Sessions Judge, Attock was upheld by the learned High Court. 2-A. Driving by car, having not been denied…

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