PLJ 2022 Cr.C. (Note) 17
Control of Narcotic Substances Act, 1997 (XXV of 1997)--
----S. 9(c)--Conviction and sentence--Recovery of 1115-grams of charas--He handed over sealed parcels to Moharrir on same day who further handed it over to constable--On same day constable deposited sealed parcel to office of Chemical Examiner for analysis, which has been received with positive result--Report of Chemical Examiner regarding recovered narcotic substances is positive one and there remains no loop-hole in prosecution evidence to create doubt about veracity of prosecution evidence--All prosecution witnesses are police officials and defence remained fail to point out any malice, ill-will or ulterior motive on part of police to falsely implicate appellant in this case--Prosecution has successfully proved charge against appellant to hilt beyond any reasonable shadow of doubt, which has not been challenged by learned counsel for appellant quantum of sentence is concerned, we have observed that had faced agony of investigation and that of trial since his arrest and is also languishing with proceedings of instant appeal for three years and about eight months, which has served very purpose of prosecuting appellant to meet ends of justice--Appellant was arrested in this case and he is behind bars since fits arrest--He has served out three years and about eight months of his substantial sentence--There is nothing on record to show that appellant has any criminal antecedent of such like cases and while taking into account quantity of narcotic substance, we deem it appropriate to maintain conviction of appellant with modification of his sentence to already undergone--Appeal was dismissed.
[Para 8] A, B, C & D
Mr. Muhammad Ayub Buzdar, Advocate for Appellant.
Mr. Muhammad Ali Shahab, Deputy Prosecutor General for State.
Date of hearing: 12.12.2017.
PLJ 2022 Cr.C. (Note) 17
[Lahore High Court, Multan Bench]
Present: Asjad Javaid Ghural and Sardar Muhammad Sarfraz Dogar, JJ.
MUHAMMAD IMRAN--Appellant
versus
STATE etc.--Respondents
Crl. A. No. 673 of 2016, heard on 12.12.2017.
Judgment
Asjad Javaid Ghural, J.--Through this appeal under Section 48 of the Control of Narcotic Substances Act, 1997 appellant Muhammad Imran has challenged the vires of judgment dated 08.09.2016 passed by the learned Additional Sessions Judge-I, Rajanpur in case FIR No. 221 dated 30.04.2014, in respect of an offence under Section 9-C of The Control of Narcotic Substances
Act, 1997, registered at Police Station, Kot Mithan District Rajanpur whereby he was convicted and sentenced under the aforementioned offence to the rigorous imprisonment for seven years with the fine of Rs. 20,000/- and in default thereof to further undergo simple imprisonment for 30 days. The benefit of Section 382-B, Cr.P.C. was extended to the appellant.
2. The precise allegation against the appellant as narrated in the crime report (Ex.PA) drafted by Imdad Hussain Shah, SI (PW-5) is that on receiving a tip-off about a drug-paddler, he constituted a raiding party and apprehended the appellant from the official Jungle while having 1115-grams of charas wrapped in a bag of cloth. Upon his further search, cash amount of Rs. 620/-as well as two mobile phones was recovered from his possession. He disclosed that he had purchased the aforesaid narcotic substance from one Ali Dareshak near Railway Phatak Rajanpur. Out of the recovered narcotic substance, one sample of 325-grams was separated and sealed into parcel for analysis. The sample parcel as well as the remaining narcotic substance were taken into possession vide recovery memo. Ex.PB. The remaining recovered articles were taken into possession vide recovery memo. Ex.PC.
3. At the commencement of the trial, the learned trial Court had framed a charge against the appellant to which he had pleaded not guilty and claimed to be tried.
4. The prosecution had produced 05-witnesses besides the report of Chemical Examiner (Ex.PG). The appellant, in his statement recorded under Section 342, Cr.P.C., had denied and controverted the allegations leveled against him, he neither opted to make statement under Section 340(2), Cr.P.C. nor had he produced any witness in his defence.
5. Learned counsel for the appellant, at the very outset, has not challenged the conviction of the appellant and has confined his arguments to the extent that the appellant was arrested in this case on 30.04.2014, he is behind the bars since his arrest and has served out three years and about eight months i.e. the major portion of his substantial sentence awarded by the trial Court and has prayed for reduction of sentence of the appellant to the extent of sentence already undergone while considering the quantity of contraband recovered from him.
6. Learned Deputy Prosecutor General appearing for the State has not seriously opposed the aforesaid contention of learned counsel for the appellant.
7. We have heard learned counsel for the appellant, learned Deputy Prosecutor General appearing for the State and have perused the record with their able-assistance.
8. The appellant was booked, tried and convicted in the aforementioned case for keeping 1115-grams of charas, which was recovered from his possession on 30.04.2014 when he was apprehended by the raiding party from the official Jungle, Kot Mithan. Imdad Hussain, SI (PW-5) had weighed the narcotic substance and separated 325-grams of sample charas for its onward transmission to the office of Chemical Analyzer. He had taken the same into possession vide recovery memo. Ex.PB duly attested and signed by Ghulam Asghar 362/C (PW-4) and Farooq Ahmad, 46/C. He had handed over the sealed parcels to Muhammad Yousaf, 134/HC/Moharrir (PW-3) on the same day i.e. 30.04.2014, who further handed it over to Meer Muhammad, constable (PW-2) on 11.05.2015. On the same day i.e. 11.05.2015 Meer Muhammad, constable deposited the sealed parcel to the office of Chemical Examiner for analysis, which has been received with positive result as Ex.PG. All the aforesaid witnesses had demonstrated unanimously with regard to the mode and manner of the arrest of the appellant and the recovery of narcotic substance from his personal possession. Ghulam Asghar 362/HC (PW-4) being member of the raiding party as well as the witness for the recovery of narcotic substance from the appellant, had supplemented complainant Imdad Hussain, SI (PW-5) on each and every aspect of the case. The report of Chemical Examiner (Ex.PG) regarding the recovered narcotic substances is positive one and there remains no loop-hole in the prosecution evidence to create doubt about the veracity of the prosecution evidence. All the prosecution witnesses are police officials and the defence remained fail to point out any malice, ill-will or ulterior motive on part of the police to falsely implicate the appellant in this case. The prosecution has successfully proved the charge against the appellant to the hilt beyond any reasonable shadow of doubt, which has not been challenged by the learned counsel for the appellant. So far the quantum of sentence is concerned, we have observed that the appellant had faced the agony of investigation and that of the trial since his arrest i.e. 30.04.2014 and is also languishing with the proceedings of the instant appeal for three years and about eight months, which has served the very purpose of prosecuting the appellant to meet the ends of justice. The appellant was arrested in this case on 30.04.2014 and he is behind the bars since his arrest. He has served out three years and about eight months of his substantial sentence. There is nothing on record to show that the appellant has any criminal antecedent of such like cases and while taking into account the quantity of narcotic substance, we deem it appropriate to maintain the conviction of the appellant with the modification of his sentence to already undergone.
9. In view of what has been discussed above, the appeal in hand is without force, the same stands dismissed and the conviction of the appellant recorded by the trial Court under Section 9-C of the Act ibid is maintained, however his sentence is reduced to the imprisonment already undergone including the sentence to be served out in lieu of default in the payment of fine.
(A.A.K.) Appeal dismissed
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