| Citation(s) |
|---|
| 2015 SLG 1178 2015 SLD 1178 2015 PLJ 393 |
Supreme Court of Pakistan
Crl. Appeal No. 600 of 2009, decision & hearing Dated: 04.12.2014. (On appeal against the judgment Dated 2.6.2009 passed by the Lahore High Court, Lahore, in Crl. A. No. 128/2007/BWP)
ASIF SAEED KHAN KHOSA, JUSTICE, IQBAL HAMEEDUR RAHMAN, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Ms. Aisha Tasneem, ASC for Appellant. Mr. Mazhar Sher Awan, APG for State.
Crl. Appeal No. 600 of 2009, decision & hearing Dated: 04.12.2014. (On appeal against the judgment Dated 2.6.2009 passed by the Lahore High Court, Lahore, in Crl. A. No. 128/2007/BWP)
ASIF SAEED KHAN KHOSA, JUSTICE, IQBAL HAMEEDUR RAHMAN, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Ms. Aisha Tasneem, ASC for Appellant. Mr. Mazhar Sher Awan, APG for State.
GUL NOOR ALI
VS
STATE
Law:
Section:
Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence awarded by trial Court was maintained--Challenge to--Recovery of 13450 gram of charas from vehicle--Ten grams was taken and sent for chemical analysis--Fake recovery in order to show efficiency and to save actual culprits--Validity--Considering evidence of recovery adduced by prosecution, it is evident that separate samples were not taken from each and every packet for chemical analysis rather only one sample weighing 10 gms had been separated and sent for chemical, analysis, and it has also not been specified as from which packet sample was separated, as such case of appellant--Prosecution has not been able to substantiate its case regarding recovery of charas from appellant, which raises a serious doubt benefit of which goes to appellant. THIS JUDGMENT DELIVERED BY: Iqbal Hameedur Rahman, J.- The instant appeal by the leave of the Court arises out of a jail petition filed by the appellant and impugns the judgment dated 02.06.2009 of a Division Bench of the Lahore High Court, Bahawalpur Bench, Bahawalpur, passed in Crl. A. No. 128/2007 whereby the High Court has maintained the conviction and sentences of the appellant passed by the trial Court in case FIR No. 386/2006 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter to be referred as "the Act"). 2. The appellant was charged under Section 9(c) of the Act for recovery of 13450 grams of Charas from a vehicle driven by him. The case of the prosecution was that on 06.09.2006 at about 9:30 p.m. Abdul Majeed, S.I., alongwith other Police officials was on patrol duty when he received a spy information that the appellant is proceeding in Car No. 4899/MNF from Uch Sharif towards Ahmadpur East with huge quantity of Charas. He was intercepted at Police Naka and on search of the vehicle from secret boxes in the lower portion of the car Charas weighing 13450 grams was alleged to have been recovered. Out of the recovered substance only 10 grams was taken and sent for chemical analysis. On receiving of the affirmative report of the Chemical Examiner, a report under Section 173 Cr.P.C. was…
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