AMEER NAWAZ vs STATE
This petition arises from a judgment of the Lahore High Court upholding the petitioner's conviction and sentence under Section 9(c) of the Control of Narcotic Substances Act, 1997, to life imprisonment for the recovery of a large quantity of charas from a vehicle. The core legal question concerns whether the prosecution successfully established the recovery and guilt of the petitioner beyond reasonable doubt, and whether the defense of alleged false implication by raiding officers due to prior enmity was sustainable. The Supreme Court held that the prosecution fully established its case through consistent eyewitness testimony and a positive chemical examiner report, whereas the petitioner failed to prove any misreading of evidence, non-appraisal, or glaring irregularity. Consequently, the petition was dismissed and leave to appeal was refused, affirming the conviction and sentence.
- Whether the prosecution successfully established the recovery of narcotics from the accused beyond reasonable doubt?
- Does a claim of personal enmity against raiding officers suffice to disprove narcotics recovery without substantive proof?
- Whether concurrent findings of lower courts regarding conviction under the Control of Narcotic Substances Act warrant interference by the Supreme Court?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
- Section 342, Code of Criminal Procedure 1898
- Section 340(2), Code of Criminal Procedure 1898
ORDER
Abdul Hameed Dogar, J.--This petition is directed against judgment dated 24.2.2004 passed by learned Division Bench of Lahore High Court, Lahore whereby Criminal Appeal No, 145-J of 2002 filed by petitioner Ameer Nawaz was dismissed, the conviction and sentence under Section 9(c) of the Control of Narcotic Substances Act, 1997 to imprisonment for life with fine of Rs, 200,000/- or in default thereof six months S.I. awarded by the trial Court was maintained. He was, however, granted benefit. of Section 382-B Cr.P.C. towards computation of sentence.
2. Precisely, the case of prosecution against petitioner is that on 7.4.2000 at about 5.40 a.m. petitioner was apprehended alongwith Car No, STH-1639 by raiding party consisting of Lt. Col. Manzar Akbar. Joint Director, Anti Narcotics Force, Lahore and others near Shobra Hotel, Lahore.
From the secret cavities of car 80 packets of charas each weighing one kilogram were recovered.
One gram of charas was separated from each packet which were made into single parcel as sample for the purpose of chemical examination and the rest was put in two bags and were sealed. From personal search of petitioner Rs, 4225 Pak rupees, golden ring, I.D. Card, photo copy of I.D. Card, driving license and registration book of car were recovered and such recovery memo was prepared.
3. After usual investigation, petitioner was sent up to face trial whereas his co-accused namely, Shakeel and Raaz Muhammad were declared as proclaimed offender.
4. At trial in order to establish its case prosecution examined Muhammad Samar, ASI (PW-1), Abdul Ghafoor, Constable (PW-2), Amir Hussain Toor, Constable (PW-3) and Muhammad Riaz Sumro (PW-4). Learned prosecutor also produced chemical examiner's report which was positive in nature.
5. In his statement recorded under Section 342 Cr.P.C. petitioner denied the allegation and claimed that he was arrested from the room of Shobra Hotel where he was staying with his family. While replying to Question No, 6 he replied as under: "I used to write letters against the officials of ANF to their higher authorities due to that in revenge the ANF officers trapped me in this case falsely. The real culprits were let off and I was substituted.
On 7.4.2000 I was staying in a room of Shobra Hotel, Lahore with my wife and children wherefrom I was arrested. I was not capable of driving any type of vehicle nor. I have any Driving License. The Driving License produced is fabricated document. The PWs deposed against me because they were subordinate to ANF officials and they made statements against me on oath under the influence and pressure of their Higher officers. I am a Gazetted Officer and was posted at Accountant General's Office at Peshawar in Grade-17. I was heart patient and had come to Lahore with my family for my check up from Punjab Institute of Cardiology. I am innocent in this case."
He did not opt to appear as his own witness under Section 340(2) Cr.P.C. but tendered in evidence photocopies of medical reports of hospital in his defence.
6. On conclusion of trial, petitioner was convicted and sentenced as stated above.
7. We have heard Malik M. Kabir, learned counsel for the petitioner and Mr. M. Aslam Malik, learned ASC appearing on behalf of State at, length and have gone through the record and proceedings of the case in minute particulars.
8. Though argued at length yet learned counsel for the petitioner could not refer any misreading, non-appraisal of evidence or any glaring irregularity in the impugned judgment. Prosecution has fully established its case by bringing on record the evidence of above said PWs and positive report of chemical examiner. Petitioner has failed to prove the fabricated recoveries or false implication.
Accordingly, the petition being devoid of force is dismissed and leave to appeal refused.