PEER KALAM vs STATE
This criminal appeal challenges the conviction and sentence of the appellant, Peer Kalam, for the possession of 2000 grams of Charas, under Section 9(C) of the Control of Narcotic Substances Act 1997. The appellant was initially sentenced to four years of rigorous imprisonment and a fine by the Special Court. The core legal questions concerned the reliability of police witnesses in the absence of independent corroboration, the impact of a delay in sending samples to the Forensic Science Laboratory, and whether the appellant's age and clean criminal record warranted a reduction in sentence. The Court held that police officials are competent witnesses in the absence of proven enmity or ill-will, and that the recovery of contraband, supported by consistent testimony and a positive chemical examiner's report, is sufficient to sustain a conviction. However, the Court accepted the appellant's plea for leniency based on his youth and lack of prior criminal involvement. Consequently, the conviction was upheld, but the sentence was reduced from four years to two years of rigorous imprisonment, while the fine remained unchanged.
- Are police officials considered competent witnesses in narcotics cases in the absence of proven enmity?
- Does a delay in sending samples to the Forensic Science Laboratory automatically invalidate a narcotics conviction?
- Can a first-time offender's young age serve as a mitigating circumstance for reducing a sentence under the Control of Narcotic Substances Act 1997?
- Section 9(C), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
- Section 161, Code of Criminal Procedure 1898
Fazal Haq Abbasi, J.--This appeal is directed against the judgment dated 5.3.2011, passed by the learned Sessions Judge/Judge Special Court Kohat, whereby Pir Kalim appellant was convicted u/S. 9(C)CNSA 1997 and sentenced to undergo R.I. for four years and also to pay a fine of Rs, 10,000/- or in default to suffer SI for one month, with benefit of Section 382-B Cr.P.C.
2. The prosecution case in brief is that Shah Dauran Khan SHO (P.W.2) received information on 2.9.2010 through an informer regarding smuggling of narcotic from Kohat to village Muslim Abad.
On this information he alongwith Bahader Nawaz and Aslam Janan ASIs held barricade at 1800 hours in front of Police Station Jarma, during which a Suzuki came from Kohat side which was stopped and a person sitting in front seat being suspected was deboarded and searched. He was having a polythene bag in his hand which contained two packet of Pukhta Charas each weighing 1000 grams as such 2000 grams in toto. 5/5 grams of Charas from each packet was separated and sealed into a parcel for sending the same to FSL for chemical analysis. The remaining quantity was separately sealed in parcel Ex.P.1. The Charas was secured through recovery memo. Ex.P.W. 2/1 in presence of marginal witnesses. Accused was arrested vide card Ex.P.W.2/2 and Murasila Ex.P.A/1 was sent to PS, where case was registered vide FIR No, 305 dated 2.9.2010 u/S. 9(c) CNSA 1997 at P.S. Jarma by Muhammad Khan MHC (P.W.2).
3. Investigation was conducted by Ghaziur Rehman SI (P.W.4), who prepared the site-plan Ex.P.B. at the pointation of Shah Dauran SHO, recorded the statements of P.Ws. u/S. 161 Cr.P.C, applied for police custody of accused through application Ex.P.W.4/1, which was refused. He sent the samples to FSL through application Ex.P.W.4/2 and the report of the Chemical Examiner is Ex.P.Z., which is in positive.
4. After completion of the investigation Ghaziur Rehman (P.W.4) handed over the case file to SHO for submission of complete challan before the Court, as such trial was held and after conclusion the appellant was convicted and sentenced as referred to in Para No, 1.
5. Learned counsel for the appellant contended that though according to prosecution the appellant was traveling in a Suzuki, but neither the driver nor any passenger of the said Suzuki was examined to support the prosecution case and that the prosecution witnesses are police officials, subordinate to the complainant, as such no reliance can be placed on their statements. Learned counsel argued that the occurrence took place on 2.9.2010, while the samples were sent to FSL on 6.9.2010 i,e, after more than 72 hours of the recovery, which casts doubts on the prosecution story.
In the alternative he argued that the appellant is a young man of '2 6 years of age and was never involved in any such like case previously, as such deserves leniency in matter of sentence.
6. On the other hand learned counsel for the State argued that the accused was apprehended red handedly and that police officials had no enmity to involve the accused falsely by planting two K.Gs. of Charas from their own. He further argued that no enmity whatsoever was suggested to the witnesses by defence for false implication of the accused and tampering with the case property.
7. We have heard the learned counsel for the parties and perused the record.
8. From the perusal of record it transpires that two K.Gs. of Charas was recovered from the personal possession of the accused. No enmity or illwill was suggested by the defence to the prosecution witnesses for false implication of the accused in a fabricated case. Police Officials are as good witnesses as any others, until and unless some enmity or illwill with the accused is brought on the record. Recovery of contraband supported by the witnesses and positive report of the Chemical Examiner are sufficient to sustain conviction. However, the argument advanced by the learned defence counsel regarding the young age and his previous non-involvement in any such like case could not be controverted by the State, which can be treated as mitigating circumstance for awarding lesser punishment. As such this appeal is partially allowed, conviction and sentence awarded by the trial Court is altered from four years R.I. to two years R.I. while the sentence of fine and imprisonment for non-payment of the same is maintained. With the above modification this appeal is disposed of.