Conscious knowledge of narcotic

2013 PCrLJ 182 PESHAWAR-HIGH-COURT Judicial Precedent

S. 9(c)Juvenile Justice System Ordinance (XXII of 2000), S. 11Possession and trafficking of narcoticAppreciation of evidenceRelease of juvenile on probationDiscretion of courtScopeConscious knowledge of narcoticScope

Accused, who was a juvenile at the time of commission of alleged offence, was forced by the police to stop at a checkpoint and after being apprehended he himself disclosed presence of 13.2 kilograms of charas in petrol tank of his vehicle

Trial Court convicted and sentenced the accused under S.9(c) of Control of Narcotic Substances Act, 1997

Validity

All witnesses consistently deposed that accused was apprehended on the spot along with his vehicle, which was under his control as he was driving the same at the relevant time

No discrepancy in statement of any witness despite being subjected to searching cross-examination

Accused had conscious knowledge of narcotics concealed in the petrol tank of his vehicle because when he was signalled to stop he tried to escape and was subsequently forced to stop by blocking the road

After arrest, accused himself disclosed presence of narcotics in the vehicle

Accused was in exclusive control of the vehicle in which narcotics were kept in secret cavity, therefore, he would be deemed to be in the exclusive possession of the charas recovered from the vehicle

Nothing on record suggested that narcotic was planted on accused or that he was falsely charged

Samples taken from the recovered substance were sent to Forensic Science Laboratory, which found them to contain charas

At time of framing of charge against accused he was aged about 17/18 years

Section 11 of Juvenile Justice System Ordinance, 2000 provided discretion to court to decide the issue of release of juvenile on probation

Not exercising such discretion or in-action in exercising such discretion would offend the dictates of law

Trial Court, in the present case, had not exercised the discretion vested in it under S.11 of Juvenile Justice System Ordinance, 2000, which surely prejudiced the accused

Appeal was partially allowed, conviction and sentence awarded to accused was maintained, however, case was remanded back to Trial Court to decide the same after providing opportunity of hearing to accused and rendering reason, regarding exercise of discretion, as provided under S.11 of Juvenile Justice System Ordinance, 2000 to release the accused on probation and the terms thereof.

2013 MLD 133 PESHAWAR-HIGH-COURT Judicial Precedent

S.497Control of Narcotic Substances Act (XXV of 1997), S.9(c)Possession of narcoticBail, refusal ofConscious knowledge of narcoticScope

Accused, who was driver of the vehicle in question, was stopped at police checkpoint and upon search, 20 kilograms of charas was recovered from specially designed secret cavities in the vehicle

Accused was the only person present in the vehicle and was also driving the same

Accused being driver of the vehicle was required to know each and everything about the vehicle as he was solely in-charge of it

Available material indicated that accused had conscious knowledge about presence of narcotics in the vehicle

Alleged offence was punishable with either death or anything not less than life imprisonment, therefore, it was covered by the restrictive (prohibitory) clause of S.497, Cr.P.C

Challan was complete and was likely to be submitted in Trial Court shortly

Bail petition of accused was dismissed, in circumstances.