Abdul Wahab vs The State
This matter arises from jail petitions filed by Khan Muhammad and Abdul Wahab against their convictions under Section 9(c) of the Control of Narcotic Substances Act, 1997, for possession of large quantities of Charas, which were upheld by the High Court. The core legal question concerns the credibility of police witnesses in narcotics recovery cases and whether convictions can be sustained in the absence of public witnesses. The Supreme Court of Pakistan dismissed the petitions, holding that official witnesses are competent, credible, and trustworthy when their testimony is consistent and confidence-inspiring, and that public witnesses are not strictly mandatory. The key principle laid down is that the testimony of police officials cannot be discarded merely due to the absence of public witnesses, provided it remains consistent and reliable on all material aspects.
- Whether the testimony of police officials can be relied upon for conviction in narcotics cases without the association of public witnesses?
- Can a conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997 be maintained on the basis of consistent official evidence?
- Does a minor typographical error in judicial proceedings vitiate a narcotics conviction when the correct volume of contraband is put to the accused in the charge?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
Qazi Muhammad Amin Ahmed, J. Jail Petition No.594 of 2018, filed by Khan Muhammad is barred by 35 days, however , since the petitioner is in receipt of a guilty verdict with corporal consequen ces, we consider it expedient to attend his plea on merit alongside Jail Petition No.480 of 2018 filed by his co-convict Abdul W ahab.
2. The petitioners were surprised by a contingent of Police Station A-Section Thal, District Jacobabad, on patrol, and found in possession of Charas. According to the prosecution, Abdul Wahab was carrying 7.8 kilograms whereas Khan Muhammad 8.2 kilograms. Contraband was secured vide inventories. Separated samples were forensically examined with confirmatory results. Upon conclusion of trial, the petitioners were returned a guilty verdict by a learned Special Judge (CNSA) Jacobabad vide judgment dated 22-11-2017; convicted under Section 9
(c) of the Control of Narcotic Substances Act, 1997, Abdul Wahab was sentenced to 10-years RI whereas Khan Muhammad to 11-years RI alongside fines and consequences in the event of default with benefit of section 382-B of the Code of Criminal Procedure, 1898; their appeals in the High Court met with no better fate vide impugned judgment dated 02-05-2018 and this brings them to this Court.
2. Heard. Record perused.
3. Prosecution case is, primarily, structured upon statements of Izhar Ali Shah, ASI (PW-1), Muhammad Ayub (PW-2) and Abdul Haq, Inspector (PW-4); we have gone through their statements and found them in a comfortable unison, despite flux of time, on all the salient aspects of the prosecution case, in terms of interception of the petitioners and recovery of contraband, they are consistent, straightforward and confidence inspiring and their statements cannot be discarded merely on account of absence of a witness from the public; people seldom come forward to perform their civic responsibilities and official witnesses are no less credible or trustworthy provided their statements rang true, as is the case in hand. Learned counsel for the petitioners, despite being at his best, has not been able to point out any serious flaw or infirmity that may be viewed as material or substantial in nature in the statements of the prosecution witnesses. Much stress laid by the learned counsel on a typographical error is not of much consequence, as the correct volume of contraband was put to the petitioners in the charge. Petitions fail. Dismissed.
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