Law: Control of Narcotics Substances Act, 1997

Section: 619(c)

Law: Criminal Procedure Code (V of 1898)

Section: 103,221,222,342,382B,537

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss.619(c)---Criminal Procedure Code (V of 1898), Ss.221, 222, 342 & 537---Possession of narcotic---Appreciation of evidence---Framing of charge---Case was of huge quantity of heroin for which only two punishments were provided in law, i.e. death or imprisonment for life and the Trial Court had taken the lenient view by awarding imprisonment for life---Trial Court, in such cases had to be very careful in framing the charge, which was the gist of the prosecution's story and the Judge had to see the Mashirnama of recovery and arrest, F.I.R. and challan; and thereafter, it had to frame the charge by writing the brief facts of the case---As far as statement under S.342, Cr.P.C. was concerned, whatever evidence the prosecution witnesses had placed on record against accused, same had to be placed through a questionnaire before him---Neither the Trial Judge had seen the memo of recovery and challan prior to framing the charge nor had he gone through the evidence recorded by the prosecution witnesses prior to preparing statements under S.342, Cr.P.C.---Said illegality could not be cured under S.537, Cr.P.C.---Best course, in circumstances was to remand the case to the Trial Court for fresh adjudication from the stage of the charge---Impugned was set aside and case was remanded for fresh adjudication after framing the fresh charge. THIS JUDGMENT DELIVERED BY: SYED MAHMOOD ALAM RIZVI, J.--- This Criminal Appeal is directed against the judgment, dated 17-12-2007 passed by the learned Special Judge for Narcotic Substances, Kambor Shandadkot in Special Case No.20/2005 in Crime No.4/2005 under section 6/9(c) CNS Act registered by the Excise Circle, Kamber whereby the appellants were convicted and sentenced to suffer imprisonment for life and to pay fine of Rs.1.00 million each, in default thereof they shall suffer R.I. for three years with benefit of section 382-B, Cr.P.C. 2. Precisely, the facts of, the prosecution case are that on 10-4-2005 the Excise Police on spy information, intercepted a car bearing No. 0852, Karachi. The Driver disclosed his name as Natha Khan and the other person disclosed/gave his name as…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492