Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382B

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Sentence, reduction in---Counsel for accused did not press the appeal, however, he requested for reduction of sentence stating that accused was first offender; and that recovered substance was 10 Kg of Charas Garda, which in the process of baking would have reduced by 50%---Keeping in view nature and quantity of Charas recovered in the case, appeal to the extent of sentence was accepted and imprisonment for life was convicted into rigorous imprisonment for 7 years---Sentence of fine, however, remained intact. THIS JUDGMENT DELIVERED BY: SAID MAROOF KHAN, J.- Through this Criminal Appeal the appellant Naseeb Khan has questioned the judgment and order dated 26-7-2008 of the learned Judge Special Court/Additional Sessions Judge XIII Peshawar whereby he had convicted the appellant for offence under section 9(c) Control of Narcotic Substances Act and sentenced him to suffer life imprisonment and also to pay a fine of Rs.10,000 or in default thereof to undergo simple imprisonment for a further period of one month besides giving him the benefit of section 382-B Cr.P.C. 2. The prosecution case is that on 31-3-2008 at 11-30 a.m. the appellant while transporting a huge quantity of Charas in Motor Car No.5335/SGB was intercepted by the police officials including P.W.1 Riazul Islam S.H.O. and P.W.2 Granullah A.S.H.O. Police Station Yakatoot Peshawar at Ring Road near Dir Colony Chowk Peshawar and search of-the Motor Car. Charas "Garda" weighing 10 Kgs. and 800 grams was recovered therefrom. The appellant who was driving the Car at the relevant time was apprehended at the spot and the case was registered against him vide F.I.R. No.233 dated 31-3-2008 at Police Station Yakatoot Peshawar. 3. After completion of investigation challan was submitted in Court on 13-5-2008. Charge was framed on 27-5-2008 to which the appellant pleaded not guilty and claimed trial. The prosecution in order to prove the guilt of the appellant examined three witnesses and abandoned the remaining P.Ws. The appellant when examined under section 342 Cr.P.C. denied the allegation of the…

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