Recovery of narcotic substances from accused persons–Specific pleas raised by two accused were not proved while prosecution successfully proved recovery of narcotic substances from their possession–Sentence of imprisonment awarded to them by Trial Court was maintained–Plea of co-accused indicated that his version might be true, therefore, his conviction and sentence was set aside by giving him benefit of doubt. PLJ 2002 Cr.C. (Lahore) 1396 Witnesses statements were consistent on material points and it could not be said that appellant/accused apprehension had not been made from spot and recovery had not been effected from him–Court had no reason for dis-believing statements of witnesses who were consistent on material points–No enmity or grudge has been shown for false implication of appellant by Officers of ANF Prosecution has established recovery of narcotic case against appellant so conviction is maintained u/S. 9 (c) of Control of Narcotic Substances Ordinance of 1996–However, as “quantity of recovered charas is less than 1. K.G. hence, sentence of life imprisonment is harsh–Appellant is first offender and recovery is not more than 1. KG. sentence of 7 years will meet ends of justice–Hence, sentence of life imprisonment is reduced to 7 years R.I. and fine of Rs. One Million is also reduced to Rs. 2,00,000/-. PLJ 2002 Cr.C. (Lahore) 1366 Proof of such material to be narcotic substances–Recovery of narcotic substances was not only proved but the same had also been certified to be “Poast by report of chemical examiner who being state functionaries had no malice, enmity to falsely depose against appellants–Recovery of Narcotics Substance from possession of appellants, thus, stood proved
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