| Citation(s) |
|---|
| 2016 SLG 1434 2016 SLD 1434 2016 LHC 38 |
Lahore High Court
Cr. Appeal No. 479 of 2015, 11.01.2016
SARDAR MUHAMMAD SARFRAZ DOGAR,AND AALIA NEELUM, JJ
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Cr. Appeal No. 479 of 2015, 11.01.2016
SARDAR MUHAMMAD SARFRAZ DOGAR,AND AALIA NEELUM, JJ
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Muhammad Sajid
VS
The State
Law:
Section:
Aalia Neelum, J.- Muhammad Sajid son of Zia Ullah, Caste Pathan, resident of Haiderabad, District Bhakkar, the appellant was involved in case F.I.R. No.339 of 2013, dated 24.12.2013, offence under Section 9 (C) of the Control of Narcotic Substances Act, 1997, registered at Police Station Kundian, District Mianwali and was tried by the learned Additional Sessions Judge/Special Judge CNSA Court, Piplan. The learned trial court seized with the matter in terms of judgment dated 25.02.2015, convicted the appellant under Section 9 (C) of the Control of Narcotic Substances Act, 1997 and sentenced him to undergo imprisonment for six years R.I with the direction to pay Rs.50,000/- as fine and in case of default thereof, further undergo Simple Imprisonment for five months. The benefit of Section 382-B of Cr.P.C was also extended in favour of the appellant. 2. Feeling aggrieved by the judgment of the learned trial court Muhammad Sajid-the appellant assailed his conviction through filing of the instant appeal. 3. The prosecution story as alleged in the F.I.R (Ex.PB) lodged on the complaint (Ex.PA) of Akhtar Nawaz Khan-Inspector/SHO (PW-3) is that on 24.12.2013 at about 2:20 p.m, he along with Farooq Ahmad Khan, SI, Muhammad Farooq, ASI, Shafiq-ur-Rehman 782/C, Atta Muhammad 473/C, Liaqat Hayat 951/HC and Muhammad Farman 1491/C was on patrolling duty at Railway Bridge of Thal Canal Kundian. In the meanwhile, two persons riding on a Honda Motorcycle appeared on the site and they turned back on seeing the police party but the police started to chase them. The accused entered into the Jungle to conceal themselves, left their motorcycle and started to run away but one of them was apprehended by the SHO with the help of other police officials, whose name was later on, known as Sajid Khan son of Zia Ullah Khan. On his personal search, three packets of charas (P-1), which was fastened with his belly under his shirt were recovered, which was taken into possession through recovery memo (Ex.PC) and each packet was found one kilogram. Out of the recovered substance, 10-grams 'Charas' was separated from each packet for chemical analyses and made into a sealed parcel. On further…
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