MUSHTAQ AHMED Versus THE STATE

It is case of the prosecution that on 11-6-1992 Muhammad Rafique, Inspector/S.H.O., Mangtanwala Police Station alongwith other police-personnel raided the house of appellants Mst. Sakina Bibi and Mushtaq Ahmed. Mst. Sakina Bibi is stated to have run away after scaling over wall. But Mushtaq Ahmed was apprehended. From his possession two and half kilos of heroin was recovered. Before the trial Court in all six witnesses namely P.W.1 Muhammad Hussain, P.W.2 Muhammad Akram, P.W.3 Muhammad Rafque, P.W.4 Abdul Ghafoor, P.W.5 Muhammad Sadiq and P.W.6 Jaffar Hussain were examined. The appellants denied the allegation. However, they did not examine any person in defence. The learned Judicial Magistrate, Sheikhupura, found them guilty for the offence under Article 4 of Prohibition (Enforcement of Hadd) Order, 1979 and sentenced for the same as under:--

(i) Appellant Mushtaq Ahmed to suffer R.I. for five years, ten stripes and fine of Rs.15,000, in default to undergo S.I. for six months more.

(ii) Appellant Mst. Sakina to suffer R.I. for five years, two stripes and fine of Rs.15,000, in default to undergo S.I. for six months more.

Both of them were given benefit of section 382-8. Cr.P.C.

2. Mr. Shahid Hussain Qadri assisted by Mr. Javed Iqbal, Advocates, appeared for the appellants whereas Mr. Faiz Muhammad Bhatti, Advocate, appeared for the State.

3. The learned counsel for the, appellants contended that the case against appellant Mst. Sakina Bibi was not proved beyond reasonable doubt, whereas the sentence passed against appellant Mushtaq Ahmed was severe. In respect appellant Mst. Sakina Bibi the learned counsel for the State candidly conceded to the proposition advanced by the learned counsel for the appellant Mst. Sakina Bibi, However, he opposed reduction of the sentence of appellant Mushtaq Ahmed

4. It may be observed that a police force had surrounded the house of the two appellants. A male member was arrested but the female Mst. Sakina Bibi after scaling over the wall succeeded in running away. The story regarding seems to be improbable and does not appeal to the common sense. The learned counsel for the State thus has rightly conceded to the contention of the learned counsel for appellant Mst. Sakina Bibi. Thus, by extending benefit of doubt in her favour her appeal is accepted. Her conviction and sentences passed against her by the learned trial Court on 1-12-1993 are set aside. She stands acquitted of the charge. She be set at liberty forthwith if not required in any other case.

5. A huge quantity of two and half kilos of heroin was recovered from appellant Mushtaq Ahmed. He is awarded only imprisonment of five years. The learned trial Magistrate has already taken lenient view in respect of the same. Hence there is no other mitigating circumstance which may call for reduction of his sentence of imprisonment. However, as the learned counsel for the appellant has not pressed the appeal on merits but requested for reduction of the sentence, hence I am inclined to reduce his sentence of fine of 8 Rs.15,000 to Rs.5,000 (Rs. five thousand), in default to suffer R.I. for three months more and sentence of ten stripes is reduced to five stripes. He is also given benefit of section 382-B, Cr.P.C. With the abovesaid modification in the sentence the appeal is disposed of accordingly.

N.H.Q./863/FSC Order accordingly.