Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Bail After Arrest, offence u/s 381-A, 109, 419, 411 PPC

Summary: (a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Trafficking of narcotics---Appreciation of evidence---Accused was found inpossession of narcotics while travelling in truck---Prosecution had substantiated accusation byproducing cogent and concrete evidence---No glaring contradiction could be pointed out in thestatements of witnesses---Minor contradictions which crept in with the passage of time, couldeasily be ignored---Despite exhaustive and searching cross-examination, nothing advantageouscould be elicited rendering any help to the case of accused---All the prosecution witnesses werenatural and impartial, having no enmity or rancour against accused; and their evidence could notbe discarded only for the reason that they were official witnesses---Question of substitution orfalse implication of the accused would not arise, who was found in possession of the narcotics---Trial Court had discussed the evidence and had given valid reasons for its conclusion---Impugned Judgment did not suffer from any illegality or material irregularity---No delay tookplace in lodging the F.I.R.---Provisions of S.103, Cr.P.C. had no application to the narcoticscases as per provisions contained under S.25 of Control of Narcotic Substances Act, 1997---Immediately after the apprehension, the charas in question was recovered from the secret cavitiesof the truck, being driven by accused---Certain quantity of charas from each packet wasseparated, sealed into a separate parcel and dispatched to the Federal Government Analyst foropinion---Opinion of the Analyst was in positive---Occurrence had partly been admitted byaccused and he raised the plea of substitution and false implication---Said plea, in the peculiarfacts and circumstances of the case, was nothing, but merely an attempt to hide his own guilt---Defence version being false, fabricated and an afterthought, had rightly been rejected by the TrialCourt---Evidence on record had rightly been appreciated by the Trial Court; and the impugnedjudgment being well-reasoned and unexceptionable, did not call for any interference---Appeal of accused was dismissed, in circumstances.(b) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Criminal Procedure Code (V of 1898), S.417(2-A)---Trafficking of narcotics---Appeal against acquittal---Appreciation of evidence---Accused was found sitting along with main accused on front seat at the time when the truck in question was intercepted---Prosecutiondid not produce any concrete evidence, except the alleged joint disclosure to show that he was injoint possession or control of the truck in question or he had any concern or deal with thecontraband material in any manner---Charas was found concealed in the secret cavities of thetruck in question, meaning thereby that narcotics were hidden from all persons---No evidencewas available to indicate that accused knew that charas was concealed in the secret cavities, or hehad exclusive knowledge of the said cavities---Prosecution had simply proved presence ofaccused in the truck at the time, when the same was intercepted---Mere presence of accused inthe truck would not be sufficient to involve him in the case, unless conspiracy or abetment of theoffence was shown and proved---Case of accused, in circumstances, was quite distinguishablefrom the case of main accused---Accused was father of main accused, but each and everyindividual was responsible for his own act---To err in acquittal was better to err in conviction---Mistake of Qazi (Judge) in releasing a criminal was better than his mistake in punishing aninnocent---Appeal against acquittal, being meritless, was dismissed.

Summary: Ss.33 & 35 of Registration Act, S.17 of Specific Relief Act. Act of Trial Court sending the agreement for expert opinion was rational, logical, legal and amounted to having a positive approach for resolving legal intricacies.

Summary: Summary pending.