Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Sentence, reduction in---Only 8 packets containing 8 Kgs. Charas were sent for chemical examination whereas no sample was taken from remaining 32 packets weighing 32 Kgs.---Case against accused being only for possession of 8 Kgs. Charas, same did not fall under the provision of S.9(c) of Control of Narcotic Substances Act, 1997---State Counsel had not controverted the legal plea taken by counsel for accused and confirmed that 8 packets containing 8 Kgs. Charas were sealed and sent for chemical examination whereas no sample was taken out from 32 packets containing 32 Kgs. Charas---Maintaining the conviction of accused, the substantive sentence awarded to him was reduced from life imprisonment R.I. to 10 years' R.I. and the fine was also reduced from Rs.300,000 to Rs.50,000 accordingly. Jameel Khan and others v. State PLD 2008 Kar. 376; Waris v. State PLD 2006 Kar. 648 and Muhammad Hashim v. The State PLD 2004 SC 856 ref. ORDER Learned counsel for the appellant at very outset submits that only 8 packets containing 8 Kgs. Charas were sent for chemical examination whereas no sample was taken from remaining 32 packets weighing 32 Kgs. He further submits that the case against the appellant is only for the possession of 8 Kgs. Charas and his case does not fall under the provision of section 9(c) of Control of Narcotic Substances Act, 1997. While saying so he relied upon cases of Jameel Khan and others v. State PLD 2008 Kar. 376, a case of Waris v. State PLD 2006 Kar. 648 and a case Muhammad Hashim v. The State PLD 2004 SC 856 and submits that this Court and the Honourable Supreme Court of Pakistan in such cases reduced the sentence from life imprisonment to 14 years and/or 10 years according to the proportionate recovery. He submits that…

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