Zeeshan vs State Ss — 2026 PCrLJ 317 LAHORE-HIGH-COURT-LAHORE

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Zeeshan VS State Ss. 9(b) & 9(c)---Possession of narcotic substance---Appreciation of evidence---Chain of safe custody of the sample of parcel of narcotic substances from the place of recovery to the laboratory for analysis proved---Prosecution case was that 25000-grams chars in 23 packets and 16000-grams opium in 16 packets were recovered from secret cavities of vehicle driven by accused---Statements of the complainant, Investigating Officer and recovery witness showed that the chain of safe custody of the parcels of samples of recovered narcotic substances from the place of recovery to the office of Forensic Science Agency, was completed---Moreover, report of Forensic Science Agency produced in the case, reflected that complainant deposited the parcels of samples on 22.01.2021 in said office, and as per the report, charas and opium were confirmed in said samples and total net weight of 25-parcels of samples of charas was calculated as "1256.95-grams" whereas net weight of 16-parcels of samples of opium was calculated as "797.32-grams"---All the recovery witnesses of the prosecution had duly supported the case of the prosecution to said extent through their statements recorded before the Court---Credit of the testimonies of said witnesses could not be impeached to said extent---Thus, the recovery as well as safe custody of charas and opium upto the extent of 1256.95-grams charas and 797.32-grams of opium, which were secured as samples through parcels and sent to the Forensic Science Agency, had been proved against the appellant beyond shadow of doubt through cogent evidence for the purpose of conviction and sentence of the appellant---Resultantly, conviction recorded against the appellant regarding charas and opium under S.9(c) of the Control of Narcotic Substances Act, 1997, was maintained to the extent of charas whereas it was converted to conviction under S.9 (b) of the Act ibid to the extent of opium---Thus, as per the sentencing policy, the appellant was sentenced to R.I. for 01 year and 08 months along with fine of Rs.7,000/- for recovery of 797.32 grams opium whereas for recovery of 1256.95 grams charas he was sentenced to R.I. for aperiod of 04 years and 06 months with fine of Rs.20,000/----With said modification in sentence, appeal against conviction was partly allowed.

Zeeshan vs State Ss — 2026 PCrLJ 317 LAHORE-HIGH-COURT-LAHORE

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