Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Constitution of Pakistan (1973), Art.185(3)---Irrespective of the ocular testimonies judicial confession of the accused had also been brought on record---Huge quantity of 30 kgs. of "Charas" had been secured at the pointation of accused from inside a Trunk belonging to him---Report of the Chemical Examiner regarding a sample of 1200 grams of "Charas" was in positive---Presence of the recovered "Charas" was in the exclusive knowledge of the accused---"Trunk" from which the "Charas" was recovered, its key whereby the accused had unlocked and opened the "Trunk" and other incriminating articles produced at the trial had further strengthened the prosecution case---Accused had taken a quite contradicting stand in his defence which was not believable---No illegality, misreading or non-appraisal of evidence could be pointed out in the concurrent findings of the two Courts below qua the guilt of accused---Leave to appeal was declined to accused in circumstances. JUDGMENT ABDUL HAMEED DOGAR, J.---This petition is directed against the judgment dated 5-7-2004 of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby Criminal Appeal No.404 of 2001 filed by petitioner was dismissed and conviction and sentence recorded under section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as `the Act') to imprisonment for life with a fine of Rs.5,00,000 or, in. default to further undergo two years' R.I. was maintained and benefit of section 382(b), Cr.P.C. was also extended to him. 2. Precisely stated the facts of the case of the prosecution are that on 10-11-1998 at 9-00 a.m. complainant Muhammad Sharif Toor P.W.5 along with other officials was present at Channi Bridge, Rewat. He received a wireless message from Shahid Hamid Jafferi, Regional Director that petitioner was travelling in vehicle No.IDT-2346 with huge quantity of Charas. It was at about 9-45 a.m. above mentioned vehicle arrived at the spot. The petitioner was apprehended and on his pointation a Trunk lying on the roof of the Coach was brought down and were opened by the petitioner while taking…

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