Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342,340(2),103,105

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---House in which accused was putting up was a rented house, meaning thereby that the police had conducted illegal raid at the house of accused without obtaining search warrant from the Magistrate 1st Class as enunciated in S.105, Cr.P.C. as well as Art.22 of Prohibition (Enforcement of Hadd) Order, 1979---Police had not fulfilled the requirement of S.103, Cr.P.C. by not associating any independent person of the locality as public witness with recovery process---Entire recovery process carried out by the police in circumstances was based on their mala fides---Recovery of Charas had not directly been effected from accused as sufficient evidence was on record which proved the fact that accused had already fled away from his place of residence before arrival of the police---Accused, in circumstances, could not be held liable to be in possession of the alleged narcotic---Conviction and sentence recorded against accused by the Trial Court, were set aside, he was acquitted from all charges and was directed to be released. Arshad Zubair v. The State 1993 SCMR 2059; Shankar v. The State 1996 PCr.LJ 651; Aziz Ahmad v. The State 1995 MLD 1134; Ghulam Muhammad v. The State 1997 PCr.LJ 805 and Abdul Majeed v. State 1996 PCr.LJ 309 ref. JUDGMENT KHURSHID ANWAR BHINDER, J.---Sher Khan appellant was convicted under section 9(c) of the C.N.S.A. 1997 by the learned Additional Sessions Judge, Mandi Baha-ud-Din vide judgment dated 17-12-2002, in case F.I.R. No.98 dated 20-3-2002, registered under section 9(c) of the C.N.S.A. 1997 at police station Saddar Mandi Baha­-ud-Din and sentenced to five years' R.I. with a fine of Rs.50,000 and in default of payment of fine to further undergo one year's S.I. By the same judgment Aman Ullah Khan co-accused of the appellant was convicted under section 9(c) of the C.N.S.A. 1997 and was sentenced to fourteen years along with fine of Rs.2,00,000 and in default thereof to further undergo S.I. for three years. 2. Briefly the prosecution case is that Riaz Hussain, S.-I. on 20-3-2002 conducted raid along with other police officials upon the rented house of…

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