MUHAMMAD HUSSAIN vs THE STATE
This criminal appeal challenges the conviction and sentence imposed by the Special Judge (C.N.S.), Lasbella at Hub, whereby the appellant, Muhammad Hussain, was convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997, for the possession of ten sacks containing chaff of poppy plant. The appellant was sentenced to twenty-five years of rigorous imprisonment and a fine of Rs. 1,00,000, with a default clause of one year of simple imprisonment. The prosecution's case rested on the testimony of the complainant, a Naib Risaldar of the Levies Force, who alleged that the appellant was apprehended at a bus stop with the contraband, which he admitted was being transported from Khuzdar to Karachi to evade Coast Guards. The core legal question concerns the sufficiency and reliability of the prosecution's evidence, specifically the recovery of the narcotics, to sustain a conviction under the Control of Narcotic Substances Act, 1997. The court examined the procedural regularity of the arrest and the evidentiary value of the recovery witnesses to determine if the prosecution met its burden of proof beyond a reasonable doubt.
- Whether the recovery of narcotic substances from the accused was proved beyond reasonable doubt by the prosecution?
- Is the conviction under Section 9(c) of the Control of Narcotic Substances Act 1997 sustainable based on the testimony of the complainant alone?
- Does the evidence regarding the transportation of poppy chaff sufficiently establish the charge of possession for trafficking?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
1. ' MEHTA KAILASH NATH KOHLI, J.---This appeal is directed against judgment dated 28th September, 2004, passed by learned Special Judge (C.N.S.), Lasbella at Hub, in C.N.S. Case No,20 of 2004, whereby; appellant Muhammad Hussain son of Alam Gul, caste Achakzai, resident of Tehsil Gulistan, District Qilla Abdullah has been convicted under section 9(c) of Control of Narcotic Substances Act, 1997 and sentenced to suffer rigorous imprisonment for twenty five years with fine of Rs,1,00,000, in default of payment of fine, to further undergo one year simple imprisonment.
2. Benefit of section 382-B, Cr.P.C., was granted in favour of appellant accused.
3. ' Facts of the case, in brief, are that on 28th April, 2004, at 7-30 a.m. F.I.R. No,3 of 2004, under section 9(c) of Control of Narcotic Substances Act, 1997 was registered by Levies Station Lakhra, District Lasbella on the report of one Muhammad Usman, Naib Risaldar, Levies Force, Lakhra, wherein; it was stated that complainant along with other Levies officials were patrolling the area of Musyani, at 7-00 a.m. They reached at Lakhra bus stop. It was further alleged that on eastern side of the road, one suspicious person namely Muhammad Hussain son of Alam Gul, resident of Gulistan was standing along with ten sacks, on enquiry he informed the complainant that the sacks contain chaff of poppy plant, which he had brought from Khuzdar and was taking the same to Karachi, and; in order to conceal the said sacks from Coast Guards, he had brought the same through link road. Consequently, accused appellant was arrested and above said F.I.R. Was registered. After completion of investigation, challan of the case was filed in the Court. Learned Special Judge (CNS)
4. Lasbella at Hub took cognizance in the matter; charge was framed, which was denied by the appellant accused.
5. ' In order to prove its case, prosecution produced following evidence:-- ' P.W.1 Muhammad Usman, Naib Risaldar Levies, Lakhra (complainant) appeared and reiterated the version of F.I.R. (Exh.P/1-A). He had produced ten sacks Article-P/1 and then bags Article-P/2 to be the same. In cross-examination, he stated that in the night at 8-00 p.m. They had proceeded on patrolling duty. He has stated that the place of recovery was situated at a distance of one Kilometer from Levies