HAMEED ULLAH Versus THE STATE
Hameed Ullah, son of Ghulam Ali, caste Sheikh, aged 15 years, student, resident of Village Dhrema, Tehsil and District Sargodha, has come up in appeal against the judgment of the learned Additional Sessions Judge, Mianwali, dated the 27th October, 1993, whereby he was convicted of the commission of offence of possessing 396 grams of Charas and 38 grams of heroin and was sentenced under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 (President's Order No.4 of 1979), to undergo rigorous imprisonment for two years, suffer three stripes of whipping and pay a fine of Rs.5,000 and in default of payment thereof to pass further simple imprisonment for a month. He was extended benefit of the provisions of section 382-B of the Code of Criminal Procedure for the purpose of adjustment of the period of his detention during trial of the case against the term of sentence of imprisonment. According to the prosecution version of the case he was accused of having been found in possession of 396 grams of Charas and 38 grams of heroin which were recovered from his possession on the 24th may, 1992, at about 11-00 a.m., when he was near Chowk Musa Khel in Mianwali District. Charas and heroin were found wrapped in pieces of polythene envelope deposited in the right side pocket of the shirt which the appellant was wearing. Muhammad Manzoor, Sub-Inspector of Police and Station House Officer, Police Station Musa Khel, P.W.5, who effected recovery of the narcotics on carrying out personal search of the appellant, extracted samples of ten grams of Charas and four grams of heroin and covered them into sealed parcels. The rest of Charas and heroin were made into separate sealed packets. These parcels were taken possession of by Muhammad Manzoor vide the memorandum Exh.P.B., which bears the attestation of Mehar Khan, Constable, P.WJ, and Ikram Ullah, Head Constable, P.W.3, who were present at the time of recovery. Muhammad Manzoor drafted the report of the incident, Exh.PA., and on its basis case against the appellant was registered at Police Station Musa Khel.
2. The samples were found on analysis by the Chemical Examiner to the Government of Punjab, Rawalpindi, to contain Charas and heroin. Exh.P.D. is the report of the Chemical Examiner in this behalf.
3. The appellant denied possession of Charas and heroin and recovery thereof from him as alleged by the prosecution. In his examination under section 342 of the Code of Criminal Procedure he stated that he had been staying with his uncle, Muhammad Khan, at Musa Khel and that one Saif Ullah, who was inimical towards his uncle, had got him falsely involved in the case. He did not give evidence on oath nor produced any evidence in defence.
4. In proof of the charge against the appellant there is on the record consistent testimony of Muhammad Manzoor, P.W.5, Mehar Khan, P.W.2, and Ikram Ullah, P.W.3. They testified to the recovery of 396 grams of Charas and 38 grams of heroin from the appellant when he was apprehended by the police. These police officials are not shown to bear any sort of hostility against the appellant or to have any ulterior motive for falsely implicating him in the case. Their testimony was rightly believed by the learned trial Court to determine the culpability of the appellant. He has already been leniently dealt with in matter of award of sentence. His conviction recorded by the learned trial Court and the sentence passed upon him are confirmed. There is no force in this appeal which is dismissed.
5. By the order of this Court, dated the 9th December, 1993, the sentence of the appellant was suspended and he was directed to be released on bail on his furnishing security to the satisfaction of the learned trial Court, if he has been let out on bail he will be taken into custody, through issuance of warrant of arrest, and sent to jail to serve out the unexpired portion of sentences.
N.H.Q./864/FSC ???????????????????????????????????????????????????????????????????????????????? Appeal dismissed.