| Citation(s) |
|---|
| 2007 SLG 3446 2007 SLD 3446 2007 PLJ 1049 |
Supreme Court of Pakistan
Jail Petition No. 206 of 2005, decided on 22.5.2007
ABDUL HAMEED DOGAR & FALAK SHER, JJ
Sardar Muhammad Siddique Khan, ASC for Petitioner. Ms. Nahida Mehboob Ellahi, DAG, Ms. Afshan Ghazanfar, AAG Punjab and Ch. Munir Sadiq, DPG Punjab for State
Jail Petition No. 206 of 2005, decided on 22.5.2007
ABDUL HAMEED DOGAR & FALAK SHER, JJ
Sardar Muhammad Siddique Khan, ASC for Petitioner. Ms. Nahida Mehboob Ellahi, DAG, Ms. Afshan Ghazanfar, AAG Punjab and Ch. Munir Sadiq, DPG Punjab for State
MUHAMMAD AKRAM
VS
STATE--Respondent
Law:
Section:
Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Constitution of Pakistan, 1973, Art. 185(3)--Leave to appeal--Huge quantity of charas--Recovery of--Report of chemical examiner was positive--Held: Prosecution had proved the case against petitioner/accused without any iota of doubt--A huge quantity of charas was recovered from accused and report of chemical examiner was also found in positive--Witnesses had deposed against accused and their testimonies remained unshattered despite lengthy cross-examination--Counsel could not point out any misreading or non-reading of evidence warranting interference by Supreme Court--Leave refused. Order Abdul Hameed Dogar, J.--Petitioner through this jail petition has challenged the judgment dated 26.4.2005 passed by learned Division Bench of Lahore High Court, Lahore whereby Criminal Appeal No. 125 of 2004 filed by him was dismissed. 2. The facts in brief as narrated by complainant Muzaffar Hussain, ASI in FIR No. 158 of 2001 dated 21.8.2001 at Police Station Lahori Gate, Multan registered under Section 9-C of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as the `the Act') are that on 21.8.2001 he was on patrolling duty along with Ghulam Sarwar, ASI, Muhammad Ramzan, ASI and other police officials and when reached near Alrehman Motors Khanewal Road, Multan, a spy information was received that petitioner Muhammad Akram was selling Narcotics in front of his house situated in Street No. 12 Sarai Wazir Khan. On this he along with other police officials conducted raid and apprehended the petitioner who was holding a white cloth bag. On search 13 bags each weighing 1 kilogram of charas were recovered. 10 grams from each bag were separated and sealed into parcel for chemical examination and a case under Section 9-C of the Act was registered against petitioner. After completion of investigation petitioner was sent up to face trial. 3. Prosecution in order to prove its case examined Abdul Ghafoor (PW-1), Allah Ditta (PW-2), Muhammad Ramzan, ASI (PW-3), Ghulam Sarwar, ASI (PW-4) and Muzaffar Hussain, ASI (PW-5). 4. In his statement recorded under Section 342 Cr.P.C. petitioner denied the…
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