SIKANDAR RAZA vs STATE
This petition for leave to appeal challenges a judgment of the Lahore High Court, which upheld the petitioner's conviction and sentence under Section 9-C of the Control of Narcotic Substances Act, 1997, for the possession of 30 kilograms of Charas. The petitioner was sentenced to life imprisonment with a fine. The core legal question was whether the prosecution had sufficiently proven the recovery of narcotics and whether the concurrent findings of the lower courts were based on a proper appraisal of evidence. The Supreme Court observed that the prosecution established its case through the testimony of witnesses, the recovery of the contraband at the petitioner's pointation, the production of the key and trunk used to store the narcotics, and a positive chemical examiner's report. Furthermore, the Court noted the petitioner's inconsistent defense version regarding his arrest. Finding no illegality, misreading, or non-appraisal of evidence in the concurrent findings of the lower courts, the Supreme Court dismissed the petition and refused leave to appeal, affirming the conviction and sentence.
- Does the recovery of narcotics at the pointation of an accused, supported by consistent witness testimony and a positive chemical analysis report, constitute sufficient evidence for a conviction under the Control of Narcotic Substances Act 1997?
- Can an appellate court interfere with concurrent findings of fact by lower courts in the absence of misreading or non-appraisal of evidence?
- Does an inconsistent defense version provided by an accused during trial undermine the credibility of their plea of innocence?
- Section 9-C, Control of Narcotic Substances Act 1997
- Section 382(B), Code of Criminal Procedure 1898
- Section 342, Code of Criminal Procedure 1898
Abdul Hameed Dogar, J.--This petition is directed against the judgment dated 5.7.2004 of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby Criminal Appeal No, 404 of 2001 filed by petitioner was dismissed and conviction and sentence recorded under Section 9-C of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as the Act') to imprisonment for life with a fine of Rs, 5,00,000/- or in default to further undergo two years R.I. was maintained and benefit of Section 382(B) Cr.P.C. was also extended to him.
2. Precisely stated the facts of the case of the prosecution are that on 10.11.1998 at 9.00 a.m. complainant Muhammad Sharif Toor PW-5 along with other officials was present at Channi Bridge, Rewat. He received a wireless message from Shahid Hamid Jafferi, Regional Director that petitioner was travelling in Vehicle No, IDT-2346 with huge quantity of Charas. It was at about 9.45 a.m. above mentioned vehicle arrived at the spot. The petitioner was apprehended and on his pointation a Trunk lying on the roof of the Coach was brought down and was opened by the petitioner while taking out the key from his pocket. Out of the said Trunk 30 bundles of Charas wrapped in polythene bag was recovered which were weighed to be 30 K.Gs. Out of the same 1200 grams were separated for chemical analysis which were reported as positive by the Chemical Examiner.
3. The prosecution in order to prove its case examined six witnesses in all.
4. Petitioner in his statement recorded under Section 342 Cr.P.C. denied the case of prosecution and claimed that he was apprehended by the police from Adam K. Cheema Bus Stop, District Sialkot whereafter was brought to Rawalpindi and above said property was foisted upon him.
Though he claimed to be examined himself on Oath yet did not examine himself on oath but examined one Shahid Sheikh, Clerk Motor Taxation Branch, Islamabad in defence. On the conclusion of trial the petitioner was found guilty and convicted and sentenced as stated above.
5. We have heard Mr. Altaf Ellahi Sheikh, learned ASC for the petitioner and have gone through the record and proceedings of the case in minute particulars.
6. In this case irrespective of above said ocular testimonies furnished by Muhammad Sadiq (PW-4) and complainant Muhammad Sharif Toor, FIO (PW-5). Confessional statement of petitioner recorded by Malik Sanaullah, Magistrate (PW-6) was also brought on record. A huge quantity of 30 Kgs of Chants has been secured at the pointation of petitioner from inside a Trunk belonging to him. Out of recovered charas 1200 grams Charas were separated and sent for chemical analysis the report of which has been found positive which further corroborates the case of prosecution. It is wroth mentioned that presence of recovered chorus was in the exclusive knowledge of the petitioner and it was because of such reason, he took out the key from his pocket of his shirt and opened the Trunk and pointed out the contraband. At trial, not only recovery of chorus but key, Trunk and other article was produced and exhibited at the trial which further strengthens the case of prosecution. A quite contradicting version has been taken by the petitioner in his defence. While cross-examining the witnesses he suggested them that he such arrested from his village and brought to police station and Charas was planted on him whereas in his statement under Section 342 Cr.P.C. he stated that he was present at Adam K. Cheema, District Sialkot and was apprehended from there and was brought to Rawalpindi, whereafter said Charas was foisted upon him.
7. Learned counsel for the petitioner though argued at length yet could not refer any illegality, mis- reading or non-appraisal of evidence. There being concurrent findings of two Courts below while convicting and sentencing the petitioner, we do not find any reason to interfere with the same: Resultantly, the petition is dismissed and leave to appeal refused.