Law:

Section:

Control of Narcotic Substances Act.(XXV of 1997)-------Ss. 9(c) & 29---Criminal Procedure Code (V of 1898), S.103---Constitution of Pakistan (1973), Art. 185(3)---Re-appraisal of evidence---Recovery of narcotics---Official witnesses, evidence of---Charas weighing 20 kilograms was recovered from accused and he was convicted and sentenced to imprisonment for life by Trial Court---Conviction and sentence awarded by Trial Court was maintained by High Court---Plea raised by accused was that no private witness was associated in recovery proceedings---Validity---Accused was apprehended at the spot from a vehicle on whose search 20 kilogram Charas was found for which F.I.R. was got lodged with promptitude and samples from recovered material were sent to Chemical Expert without any loss of time which were found "Charts" as a result of chemical examination---No enmity was alleged against prosecution witnesses and there was no possibility for false implication without having any ulterior motive which was never alleged---Defence version was rightly discarded which was denial simplciter and did not appeal to logic and reason---Reluctance of general public to become witness in such like cases had become judicially recognized fact and there was no way out but to consider statement of official witness, as no legal bar or restriction had been imposed in such regard---Police officials were as good witnesses and could be relied upon, if their testimony remained un-shattered during cross examination---Provisions of S. 29 of Control of Narcotic Substances Act, 1997 had provided exclusion of S.103, Cr.P.C. during recovery proceedings---Trial Court had appreciated the entire evidence and conclusion arrived at was affirmed by High Court which was well based and did not warrant interference---Leave to appeal was refused. Hayat Bibi v. Muhammad Khan 1976 SCMR 128; Yaqoob Shah v. The State PLD 1976 SC 53; Muhammad Hanif v. State 2003 SCMR 1237; Muhammad Naeem v. State 1992 SCMR 1617 and Muhammad v. State PLD 1981 SC 635 rel. Kamran Murtaza, Advocate Supreme Court and Mehta W.N. Kohli, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 11th May, 2010. JUDGMENT…

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