Pakistan Case LawHAKIM KHAN Versus State
This criminal petition for leave to appeal was filed before the Supreme Court of Pakistan challenging the judgment of the Peshawar High Court, which had upheld the petitioner's conviction and sentence of ten years' rigorous imprisonment under Section 11(b) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 for alleged possession of 688 grams of ICE (Methamphetamine). The core legal question concerned whether the prosecution conclusively proved the alleged recovered quantity, given significant discrepancies between the seizing officer's testimony, the seal monograms on the returned case property, and the Forensic Science Laboratory (FSL) report determining each capsule contained 1.0 gram instead of 8.0 grams. The Supreme Court partly allowed the appeal, holding that unexplained inconsistencies regarding the case property and FSL weight established possession of only 86 grams of ICE. Consequently, the Court altered the conviction from Section 11(b) to Section 11(a) of the Act of 2019, reduced the substantive sentence to the period already undergone, maintained the fine, and reduced the sentence in default of fine to fifteen days.
- What is the effect on conviction when the Forensic Science Laboratory report reflects a significantly lower quantity of recovered narcotics than alleged by the prosecution?
- Can a conviction under Section 11(b) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 be altered to Section 11(a) where the evidence proves possession of a lesser quantity of narcotics?
- How do unexplained discrepancies between the seizing officer's description of seals on case property and the laboratory report impact the determination of the recovered quantity of contraband?
ISHTIAQ IBRAHIM, J.--- The prosecution's case, in brief, as set out in FIR No. 57 dated 06.06.2023, registered under section 11(b) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 ("the Act of 2019") at Police Station Excise, Peshawar, is that on 06.06.2023 at about 8:00 p.m., at Goal Chowk towards. Islamabad Motorway, Rasool Rehman, Inspector/SHO (PW-4), along with other officials of the Excise Police, intercepted a Honda BR-V bearing Registration No. APF-023 (Islamabad), being driven by the petitioner, Hakim Khan. During search of the vehicle, a black shopping bag containing 86 capsules was allegedly recovered from the switchboard compartment of the vehicle, Each capsule contained 08 grams of ICE, making the total recovered quantity as 688 grams. The total recovered capsules were sealed in Parcel No.1 (Exh.P-1) with the monogram "E&T", while a sample bearing the same monogram was retained inside the parcel. Thereafter, the seizing Officer prepared Murasila Exh.PA/1, on the basis whereof the aforesaid FIR was registered against the petitioner.
2.After undergoing a full-dressed trial, the petitioner was convicted by the learned Additional Sessions Judge/Judge Special Court, Peshawar ("the Trial Court") under section 11(b) of the Act of 2019 and was sentenced to undergo rigorous imprisonment for ten years along with a fine of Rs.500,000/-, and in default thereof, to further undergo simple imprisonment for three months vide judgment dated 10.07.2024. Benefit of section 382-B Cr.P.C. was also extended to him. Subsequently, the appeal preferred by the petitioner was dismissed by the Peshawar High Court, Peshawar, and his conviction and sentence were maintained vide judgment dated 01.10.2024. Hence, the instant Criminal Petition for Leave to Appeal has been filed by the petitioner-convict.
3.Having heard learned counsel for the petitioner-convict as well as the learned Advocate-on-Record, Khyber Pakhtunkhwa, appearing on behalf of the State, and after perusal of the available record, we have observed that in the FIR and in his statement before the learned Trial Court, Rasool Rehman, Inspector/SHO (PW-4), the Seizing Officer, categorically stated that he had sealed the entire recovered 86 capsules containing ICE, into one parcel by affixing thereon the seal bearing monogram "E&T" (Exh.P-1), while a sample with the same seal was also placed inside the parcel. However, perusal of the report of the Forensic Science Laboratory (Exh.PW-5/2) reveals that the parcel bearing the seal "E&T" was received in the laboratory on 09.06.2023, and the weight of each capsule was found to be containing 1.0-gram Methamphetamine (ICE). The report further reflects that the "remaining contents of parcel No.1 Exh.P-1 were returned bearing three seals in the name of "Chemical Examiner FSL Peshawar". Record further shows that when the case property was produced before the Trial Court by the Seizing Officer as Exh.P.1, he reiterated that the seal over Exh.P.1 was bearing the monogram of E&T. This inconsistency to the extent of the case property produced in the court has not been duly explained by the prosecution, therefore, in view of the evidence on record, the prosecution has proved its case to the extent of 86 grams ICE only which quantity keeping in view the date of occurrence i.e. 06.06.2023, falls within the ambit of section 11(a) of the Khyber Pakhtunkhwa Control of Narcotic Substances, Act, 2019.
4.Consequently, this petition is converted into an appeal and is partly allowed. The conviction of the appellant is converted from section 11(b) to section 11(a) of the KP Control of Narcotic Substances Act, 2019 and he is sentenced to the period of imprisonment already undergone by him in this case. The sentence of fine is, however, maintained. Nevertheless, the sentence in default of payment of fine is reduced from three months' simple imprisonment to fifteen days simple imprisonment.
JK/H-1/SC Order accordingly.
Judges on this bench
- Muhammad Hashim Khan Kakar641 judgments
- Salahuddin Panhwar872 judgments
- Ishtiaq Ibrahim549 judgments