ZULFIQAR AHMAD Versus State

ORDER

MIAN SHAKIRULLAH JAN, J.--- The petitioner after having been found in possession of 1120 grams of heroin was challaned, charged and convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 and was sentenced to undergo R.I. for 10 years with a fine of Rs.10,000 or in default to undergo S.I. for two months with the benefit under section 382-B, Cr.P.C. The appeal of the petitioner failed, hence present petition.

2. Learned counsel for the petitioner has contended that no independent witness of recovery has been cited and that only one gram of heroin has been sent to the Forensic Science Laboratory for analysis which makes the case of the petitioner doubtful and also entitled him to the reduction of sentence: None of his contentions is having force. Section 103, Cr.P.C. has been specifically excluded under the provisions of Control of Narcotic Substances Act, 1997 and the non-citing of any witness from the public is not fatal to the prosecution case. It is not the case of prosecution that the heroin was contained in separate packet rather it was alleged to have been contained in a shopping bag and only one sample of one gram heroin is sufficient for chemical analysis.

3. We see no force in this petition, therefore, leave to appeal is declined and the petition is dismissed.

N.H.Q./Z-7/SC ??????????????????????????????????????????????????????????????????????? Leave to appeal refused.