State through Director ANF vs Parvez Khan & another
This criminal appeal arose from the acquittal of the respondents by the Peshawar High Court in a narcotics case involving the recovery of 576 kilograms of opium and charas from a Mazda truck. The respondents were initially convicted by the Special Court (CNS) under the Control of Narcotic Substances Act, 1997, and sentenced to life imprisonment. The High Court subsequently acquitted them, citing a lack of conscious knowledge regarding the contraband, noting that the vehicle was registered to a third party who disowned it, and pointing to procedural deficiencies, including the failure to properly exhibit the case property. The State appealed this acquittal to the Supreme Court. The Supreme Court examined the prosecution's case and the findings of the High Court. The Court held that the lacunas identified by the High Court were neither artificial nor imaginary. Consequently, the Court found that the hypothesis regarding the respondent's lack of conscious knowledge could not be refuted without being imprudent. The appeal was dismissed, and the acquittal was upheld, though the order forfeiting the vehicle to the State remained intact.
- Whether the acquittal of an accused in a narcotics case can be sustained when the prosecution fails to prove conscious knowledge of the contraband?
- Does the failure to properly exhibit case property constitute a significant procedural defect warranting acquittal?
- Can an appellate court interfere with an acquittal when the prosecution's case contains substantial lacunas?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
Qazi Muhammad Amin Ahmed, J.- In a Punjab bound, Mazda truck bearing registration No.KG-5783, Parvez Khan and Ismail Khan, respondents herein were surprised by an Anti Narcotics Force contingent within the remit of Police Station Dera Ismail Khan. Upon search a huge cache of contraband comprising opium and charas weighing 576 kilograms was recovered from secret cavities of the vehicle. Indictment before a learned Judge Special Court (CNS), Peshawar, camp at Dera Ismail Khan, resulted into conviction under Section 9(c) of Control of Narcotic Substances Act, 1997; they were sentenced to imprisonment for life along with fine of rupees five lacs each or to undergo two years S.I. with benefit of Section 382-B of the Code of Criminal Procedure, 1898. Marwat Khan and Zaheer Shah, accomplice behind the consignment stayed away from law and stand proceeded accordingly. The vehicle was forfeited to the State. A learned division bench of Peshawar High Court acquitted the respondents from the charge on a variety of grounds, most prominent being a stated lack of conscious knowledge on part of the respondents as the vehicle in question was registered in the name of one Muhammad Afaq, a resident of Karachi, who disowned ownership. It was further noted by the learned High Court that case property including the vehicle itself was not properly exhibited.
Leave to appeal has been granted to the extent of Parvez Khan, respondent. Learned Law Officer contends that there was no occasion for the learned High Court to acquit the respondent from the charge in the face of massive recovery of contraband that could not be conceivably foisted upon the respondent and as such his acquittal from the charge on inconsequential omissions warrants interference by this Court.
2. Huge cache of different variety of contraband notwithstanding the prosecution does not appear to have aptly prosecuted its case; concomitantly lacunas noticed by the learned High Court cannot be viewed artificial or imaginary and hypothesis of respondent lack of conscious knowledge cannot be refuted without being imprudent.
The appeal fails; Order of forfeiture of the vehicle in favour of the State is kept intact. Appeal dismissed.