Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 21---Constitution of Pakistan (1973), Art.185(3)---Re­appraisal of evidence---Charas weighing 13 Kgs---Raid and search by Assistant Sub-Inspector---Search warrant, dispensing with---On spy information, Assistant Sub-Inspector conducted a raid and arrested accused red-handed, who was carrying 13 bags of Charas each weighing one kilogram---Ten grams from each bag was taken out for chemical examination---Trial Court convicted and sentenced accused for life imprisonment---Conviction and sentence awarded by Trial Court was maintained by High Court---Plea raised by accused was that under S.21 of Control of Narcotic Substances Act, 1997, Assistant Sub-Inspector was not competent to make any raid---Validity---Requirement to obtain search warrant could be dispensed with in cases where a quick action was required to be taken and it would be difficult to obtain search warrant where due to paucity of time apprehension of narcotics being removed or culprits having chance to escape were eminent---If Assistant Sub-Inspector had gone for obtaining search warrant, there was likelihood of accused having escaped away---Assistant Sub-Inspector was justified in conducting raid, search and seizure of huge quantity of narcotic without warrant---Prosecution proved the case against accused without any iota of doubt---Huge quantity of Charas was recovered from accused acid report of Chemical Examiner was also found in positive---Prosecution witnesses had deposed against accused and their testimonies remained unshattered despite lengthy cross-examination---Accused failed to point out any misreading or non-reading of evidence warranting interference by Supreme Court---Leave to appeal was refused. Raees Khan v. The State 2005 PCr.LJ 76 and State through A.-G. Sindh v. Hemjoo 2003 SCMR 881 distinguished. Karl John Joseph v. The State PLD 2004 SC 394 and Fida Jan v. The State 2001 SCMR 36 rel. ORDER ABDUL HAMEED DOGAR, J. --- -Petitioner through this jail petition has challenged the judgment dated 26-4-2005 passed by learned Division Bench of Lahore High Court, Lahore whereby Criminal Appeal No.125 of 2004 filed by him…

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