Pakistan Case Law
2017 SCMR 161

MUHAMMAD AKHTAR vs The STATE and others

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Citation2017 SCMR 161
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,20-L of 2016
Date2016-03-07
Judge(s)Asif Saeed Khan Khosa, Manzoor Ahmad Malik and Sardar Tariq Masood
Authored byAsif Saeed Khan Khosa
ResultPetition dismissed
Summary

This petition for leave to appeal arose from criminal proceedings against the petitioner, who was apprehended in possession of 30 kilograms of bhiki (poast). The core legal question concerned whether the petitioner was entitled to relief given the evidence of recovery and the statutory implications of the Control of Narcotic Substances Act, 1997. The Supreme Court observed that the petitioner was caught red-handed, and the recovered substance tested positive by the Chemical Examiner. Furthermore, the prosecution witnesses, who observed the recovery, had no apparent motive to falsely implicate the accused. The Court held that the case was squarely hit by the provisions of the Control of Narcotic Substances Act, 1997, which governs the possession of narcotics. Consequently, the Court dismissed the petition and refused leave to appeal, affirming that the evidence presented by the prosecution was sufficient to sustain the charges. The judgment reinforces the principle that where recovery is witnessed and corroborated by forensic evidence, and there is no evidence of enmity or false implication, the statutory prohibitions regarding narcotic possession must be strictly enforced.

Questions settled in this judgment
  • Does the recovery of a significant quantity of narcotics, corroborated by a positive chemical examiner report and witness testimony, justify the denial of leave to appeal?
  • Can a petition be dismissed for non-prosecution when the petitioner fails to appear or request an adjournment?
  • Is the possession of 30 kilograms of bhiki (poast) sufficient to attract the penal provisions of the Control of Narcotic Substances Act, 1997?
Laws & provisions referred
  • Section 51, Control of Narcotic Substances Act 1997
narcotic possessionrecoverychemical examiner reportleave to appealprosecution witnessescriminal liability

ORDER

ASIF SAEED KHAN KHOSA, J.---None has entered appearance to prosecute this petition on behalf of the petitioner nor any request has been received seeking an adjournment.

2. The petitioner had been apprehended red-handed while in possession of bhiki (poast) weighing 30 kilograms and a sample of the recovered substance had subsequently been tested positive by the Chemical Examiner. The prosecution has relied upon statements of sonic prosecution witnesses who had witnessed the alleged recovery and apparently the said prosecution witnesses had no ostensible reason to falsely implicate the petitioner in a case of this nature. The case against the petitioner is hit by section 51 of the Control of Narcotic Substances Act, 1997. This petition is, therefore, dismissed and leave to appeal is refused.

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