' In this petition arising out of Sindh High Court judgment dated 5-12-2006 upholding the conviction and sentence of the petitioner under section 9(c) of the Control of Narcotic Substances Act, 1997 by Special Court-1, C.N.S. Karachi, sole question for examination appears to be whether the petitioner can be held guilty for possessing 30 kilograms of contraband Charas when out of 30 packets possessed by petitioner, sample was drawn only from one packet which on examination was found to be narcotic substance by the Chemical Examiner. A reference has been made to the judgment reported as Waris Khan v. State 2006 SCM R 1051 and Muhammad Hashim v. State PLD 2004 SC 856.
2. Leave to appeal is accordingly granted to consider the aforesaid question and to examine whether the sentence awarded to the petitioner was harsh and excessive in view of drawal of a sample only from one packet.