Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)---   ----S. 9(c)---Appreciation of evidence---Prosecution evidence was cogent and consistent---Eye-witnesses had corroborated each other in respect of recovery of Charas---Defence had failed to show any mala fides against the police employees for false implication of accused in the offence---Chemical Examiners report regarding the recovered material being ‘Charas’ was not controverted by accused---Charas was admittedly recovered from the vehicle being driven by the accused---Findings of the Trial Court did not suffer from any legal infirmity--¬Conviction and sentence of accused were maintained in circumstances--¬Order regarding confiscation of the vehicle warranted interference --¬Charas weighing 3 Kgs. was recovered from the vehicle of the accused, for which he had been sentenced to three years R.I. with a fine of Rs.10,000---To order confiscation of the vehicle was not a judicious exercise of discretion in circumstances and the same was set aside accordingly.   Haji Abdul Razzaq v. Pakistan PLD 1974 SC 5 ref.   (b) Control of Narcotic Substances Act (XXV of 1997)---   ----Ss. 19 32(2)---Forfeiture of assets of the offender---In the situation mentioned in S.19 of the Control of Narcotic Substances Act, 1997, the assets ‘shall stand forfeited’, whereas in the situation mentioned in S.32(2) of the said Act the vehicle etc. are merely ‘liable to confiscation’---Phrase ‘liable to confiscation is not equated with the term ‘shall be confiscated’---Where an article is made only liable to confiscation a discretion is given, but such discretion has to be exercised on sound judicial principles.    Haji Abdul Razzaq v. Pakistan PLD 1974 SC 5 ref.   Malik Shehzad Ahmed for Appellant.   Nemo for the State.   Date of hearing: 7th October, 2002. JUDGMENT TANVIR BASHIR ANSARI, J.--- This criminal appeal under section 48 of C.N.S.A., 1997 is directed against the judgment dated, 30-11-2001 passed by the Additional Sessions Judge, Attock whereby the appellant was convicted and sentenced under section 9(c) of C.N.S.A., 1997 and was sentenced to undergo 3 years R.I. with f-me of…

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