Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotic---Appraisal of evidence---Huge quantity of "Charas" and opium had been recovered by police from a vehicle parked with two tyres burst---Accused, no doubt, named in the F.I.R., but it was not known as to who had provided their names to the complainant police officer---Police after having received the wireless message about the encounter between the Customs Staff and the assailants, instead of keeping interaction with Customs Staff, had opted to first go to the vehicle, recovered the narcotics, prepared recovery memos and samples etc. and after everything was done only thereafter started search for the accused---Manner in which police had proceeded was neither explainable, nor correct or acceptable---Accused were neither seen while sitting in the said vehicle nor running away from there---Mere apprehension of the accused with Klashnikovs in the absence of any evidence connecting them with the vehicle in question, did not prove the offence alleged against them---Accused were acquitted in circumstances. Noor Alam, Advocate Supreme Court for Appellants. Mian Asif Mumtaz, Dy.P.-G., Punjab for Respondent (in both cases). Date of hearing: 12th November, 2009. JUDGMENT TARIQ PARVEZ KHAN, J.---Our this judgment is meant to dispose of two criminal appeals, one bearing Criminal Appeal No.9 of 2009 out of Criminal Petition for Leave to Appeal No.445 of 2008 titled: Muhammad Janas v. The State and Criminal Appeal No.48 of 2009 out of Jail Petition No.304 of 2008 titled: Mast Gul v. The State because both these appeals are against single judgment delivered by a learned Division Bench of Lahore High Court, Rawalpindi Bench. Criminal Appeal No.9 of 2009 is barred by 11 days but the leave granting order dated 15-1-2009 is silent on the question of limitation. In Criminal Appeal No.48 of 2009, leave to appeal has been granted by this Court oil 20-2-2009 on the strength of leave granting order passed in Criminal Appeal No.9 of 2009. The former appeal is within time. 2. For the reasons that Criminal Appeal No.9 of 2009 is barred by only 11 days and is appeal against conviction and sentence, also…

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