RASOOL BUX vs THE STATE
This petition for leave to appeal was filed against the judgment of the High Court of Sindh, Karachi, which dismissed the petitioner's criminal appeal against his conviction under the Control of Narcotic Substances Act, 1997. The petitioner was convicted and sentenced by the trial court to 10 years' rigorous imprisonment with a fine of Rs. 2,00,000 after being intercepted by police and allegedly found in possession of 50 grams of Charas. The core legal questions raised relate to whether serious infirmities in prosecution evidence, non-examination of the scribe of the recovery memo, discrepancies in contraband weight, and witness misconduct during trial warrant a reappraisal of evidence. The Supreme Court of Pakistan granted leave to appeal to reappraise the evidence, holding that the contentions raised regarding contradictions and witness reliability required consideration. The key principle affirmed is that leave to appeal may be granted for re-appraisal of evidence where significant procedural irregularities and evidentiary infirmities are demonstrated.
- Whether leave to appeal may be granted to reappraise evidence in a narcotics conviction where there are serious contradictions in witness testimony and discrepancies in contraband weight?
- Whether the non-examination of the author or scribe of a recovery memo constitutes a material defect in the prosecution case?
- Whether inappropriate conduct or prompting by prosecution witnesses during trial proceedings adversely affects their credibility sufficient to warrant re-appraisal of evidence?
- Control of Narcotic Substances Act 1997
- Section 161, Code of Criminal Procedure 1898
ORDER
' SAIYED SAEED ASHHAD, J.--- This petition for leave to appeal has been filed by the petitioner to assail the judgment of High Court of Sindh, Karachi, dated 10-5-2006 in Criminal Appeal No,539 of 2005.
2. The brief facts are that petitioner was intercepted by a police party while going at Jail Chowrangi on his scooter. On search he was found in his possession of five packets each containing ten grams of Charas. The Charas was seized, petitioner was arrested and F.I.R. Was recorded and after investigation he was challaned in the Court of special Judge under the Control of Narcotic Substances Act, 1997. The trial Court convicted the accused to 10 years' R.I. With a fine of Rs,2,00,000 and in default of payment whereof he was to undergo further 12 months' imprisonment. The judgment of the trial Court was assailed before the High Court but his appeal was dismissed, hence this petition for leave to appeal.
3. Mr. Mujeeb Pirzada, learned Advocate Supreme Court who appeared on behalf of the petitioner vehemently assailed the judgments of the trial Court as well as High Court and stated that both of them have completely overlooked grave and serious infirmities and contradictions in the evidence of the witnesses; non-examination of important witnesses namely, author/ascribe of the Mashirnama of recovery of the alleged Charas; the contradictory evidence relating to the apprehension of the petitioner as given by P.W.1 in his statement under section 161, Cr.P.C. And in his evidence in Court; and discrepancies in the weight of two packets containing Charas.
4. Besides the above he further submitted that the trial Court during the proceedings found one of the prosecution witnesses not to have observed the sanctity and propriety of the Court proceedings as he made gestures and signs suggesting answers to another prosecution witness which fact was noted by the learned trial Court in the judgment. He submitted that such conduct of prosecution witnesses adversely reflected their reliability and was sufficient to discard their testimony.
5. The contention advanced by Mr. Mujeeb Pirzada requires consideration for which purpose fresh examination and appraisal of evidence to be made.
6. According leave to appeal is granted to reappraise the evidence. Notice to the respondents s well as Advocate-General, Sindh of the main petition as well as of the C.M.A. Be issued.