Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Constitution of Pakistan, Art. 185(3)---Case of accused was not identical to that of two acquitted co-accused---No enmity existed between the parties---Ocular testimony, report of Chemical Examiner and recovery of "Charas" from the car had established the guilt of accused---Statements of prosecution witnesses had no material contradiction---Defence plea was not believable---Impugned could not be imputed any infirmity or illegality justifying interference by Supreme Court---Leave to appeal was refused to accused accordingly. M. Ilyas Siddiqui, Advocate Supreme Court for Petitioner. Niaz Ahmed Rathore, P.G., ANF for the State. Date of hearing: 17th June, 2009. ORDER SYED ZAWWAR HUSSAIN JAFFERY, J.---This petition, under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, has been filed against the judgment dated 11-2-2009, passed by learned Peshawar High Court, Peshawar, whereby criminal appeal filed by the petitioner challenging his conviction and sentence, awarded by learned trial Court, was dismissed. The petitioner along with other accused namely Aman Khan and Irfan Khan was convicted under section 9-C of Control of Narcotic Substances Act, 1997 and sentenced to life imprisonment each by the learned trial Court with the direction to pay a fine of Rs.500,000 and in default whereof to suffer R.I. each for further three years. Benefit of section 382, Cr.P.C. was also extended to him. 2. Succinctly facts of the case are that on 14-4-2006, Anti Narcotics Force authorities, Peshawar received a spy information that huge quantity of charas was being smuggled towards Punjab through Motor car No. LOX 9023. On receiving the said information, Sami Jan, Inspector, ANF, along with other officials effected Naka Bandi, under the supervision of Rehmat Khan, Assistant Director, at G.T. Road near Sardar Garhi and at about 17:30 hours, the motor car, mentioned above, reached there which was signaled to stop but instead of stopping the car the driver accelerated the speed. The car was chased by officials of ANF and ultimately it was stopped near. Chamkanni Moar. Four persons i.e. the three…

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