Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,118

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Qanun-e-Shahadat Order (10 of 1984)--- ----Arts. 117 & 118---Onus to prove guilt was always on prosecution which was to prove that it was the accused who had perpetrated the offence and the prosecution was to independently discharge such onus irrespective of any plea taken by accused. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Sentence, reduction in--¬Prosecution witnesses were consistent on all material particulars and no contradiction whatsoever could be pointed out by accused to cause dent in prosecution case---However, keeping in view quantity of contraband opium recovered, accused being lady aged about 50/51 years and lodging in jail ever since her arrest on 7-8-2003, she deserved leniency in quantum of sentence---Sentence of accused was curtailed to one already undergone by her and sentence of fine was also reduced accordingly. THIS JUDGMENT DELIVERED BY: IJAZ-UL-HASSAN KHAN, JUSTICE:---.--- Appellant Mst. Khurshidah Bibi alias Rasheeda Begum widow of Gul Sher, resident of National Abad Tanki, Peshawar has filed instant appeal under section 48 of the Control of Narcotic Substances Act, 1997 challenging the judgment dated 19-5-2004 of learned Additional Sessions Judge-IV/Judge Special Court, D.I. Khan whereby she was convicted under section 9(c) of the Act (ibid) and sentenced to suffer two years' RA. and fine of Rs.20,000 or in default, to undergo four months further S.I. with benefit of section 382-B, Cr.P.C. 2. Succinctly narrated the facts of the case are that pursuant to spy information stated to have been received by Kausar Khan, S.H.O. Police Station Yarik on 7-8-2003 that a woman will smuggle/transport narcotics through Bus No. C-1331 Charsadda bound for Karachi, he along with police party laid 'Naqabandi' on Police Post, Chunda. In the meanwhile, the said Bus was sighted coming from Peshawar side which was stopped for checking. A woman clad in a 'Chaddar' being found in suspicious condition, was alighted from the Bus and her search was conducted through lady constable Shabana. The search of the lady resulted in recovery of three plastic envelopes containing opium which on weighing came…

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