MUHAMMAD IRSHAD vs THE STATE
This jail petition before the Supreme Court of Pakistan was directed against a judgment of the Lahore High Court, Rawalpindi Bench, which upheld the conviction and life imprisonment with a fine of Rs. 1,00,000 imposed on the petitioner under Section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question was whether the concurrent findings of conviction passed by the lower courts required interference based on any legal or factual defect in the evidence of recovery. The Supreme Court found that the prosecution successfully proved the recovery of a huge quantity (40 Kgs) of opium from the petitioner's possession at the spot through credible testimony of the raiding party members. The petitioner failed to substantiate his defence of false implication or point out any material discrepancies or contradictions in the prosecution evidence. Consequently, the Supreme Court held that there was no legal or factual flaw in the concurrent findings of the lower courts and refused leave to appeal.
- Whether concurrent findings of guilt under Section 9(c) of the Control of Narcotic Substances Act, 1997 require interference when recovery is proved by police witnesses without material contradictions?
- Does a bare assertion of false implication in a statement under Section 342 Cr.P.C. suffice to discredit credible prosecution evidence of narcotics recovery?
- Whether the uncorroborated defence claim of police malice is sufficient to set aside a conviction when a large quantity of narcotics is recovered at the spot?
- section 9(c) of the Control of Narcotic Substances Act, 1997
- section 342, Cr.P.C.
' MUIIAMMAD NAWAZ ABBASI, J.--- This jail petition has been directed against the judgment dated 11-10-2005 passed by a Division Bench of the Lahore High Court, Rawalpindi. Bench whereby appeal filed by the petitioner against the conviction under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentence of life imprisonment with a fine of Rs,1,00,000 awarded to him by learned Additional Sessions Judge, Rawalpindi vide judgment dated 26-9-2001, was dismissed.
2. The petitioner was apprehended by a police party headed by Muhammad Taj, A.S.-I. At 1-00 a.m.
On 15-9-1997 in the area of Police Station Pir Wadhai, Rawalpindi and having been found in possession of two bags contained 40 Kgs. Of opium, out of which 2-1/2 kilogram opium was separated in the sealed parcel for chemical analysis and as per report sent by the Chemical Examiner the parcel contained opium. The petitioner pleaded not guilty to the charge and having .Denied the recovery of narcotics from his possession in his statement under section 342, Cr.P.C.
Stated that he was falsely involved in the case by the police party on account of his raising objection to the conduct of police officials of taking bribe from a person. The petitioner however, has not been able to bring on record anything in disproof of the charge to set up a plausible defence to discredit the prosecution evidence.
3. The perusal of record with the assistance of learned counsel for the petitioner and State would not show any legal or factual defect in the concurrent findings of the two Courts regarding the guilt of the petitioner calling for interference of this Court. The opium in huge quantity contained in bags was recovered from the possession of the petitioner in presence of the witnesses and he was arrested at the spot. The recovery was proved by the member of raiding party who had no personal reason to involve the petitioner in a false case. The learned counsel for the petitioner has not been able to point out any material discrepancy and contradiction in the evidence suggesting a slight doubt in the prosecution case arising in favour of petitioner and consequently, we would not take any exception to the judgment of the High. Court.
4. In the light of foregoing reasons, we do not find any substance in this petition and the same is accordingly dismissed. Leave is B refused.
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