Case Details

Citation(s)
2014 SLG 1186 2014 SLD 1186 2014 PCRLJ 27
Balochistan High Court
Criminal Appeal (C.N.S.) No.244 of 2011, decision dated: 9-09-2013, hearing DATE : 3rd September, 2013
MUHAMMAD EJAZ SWATI AND MUHAMMAD NOOR MESKANZAI, JJ

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ALLAUDDIN

VS

The STATE

Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---S. 9(c)---Recovery of narcotics---Appreciation of evidence---Delay in lodging F.I.R. due to practical difficulties---Charas weighing 306 kilograms was recovered from vehicle driven by accused and Trial Court convicted and sentenced him to imprisonment for life---Plea raised by accused was that F.I.R. and statements of prosecution witnesses were recorded with a delay of 7 hours---Validity---Authorities apprehended accused along with contraband Charas on 5-5-2011 at about 3-00 a.m. and due to odd hours of night, it was not possible to proceed towards police station, therefore, F.I.R. was lodged at 8-00 a.m. on 5-5-2011---Time of few hours elapsed due to practical difficulties, even otherwise mere delay in lodging F.I.R. was not fatal nor due to such delay prosecution derived any undue advantage---Statements of prosecution witnesses were worthy of credence and there was no occasion to disbelieve them---Variation in statements of witnesses, which were neither material nor serious enough to affect case of prosecution, were of no avail---Statements of witnesses had to be read as a whole and Court should not pick up sentences in isolation from entire statement ignoring its proper course---Judgment passed by Trial Court was well-founded and High Court maintained conviction and sentence awarded by Trial Court to accused---Appeal was dismissed in circumstances. 2010 SCMR 1009; 1999 SCMR 697 and 2011 YLR 1435 distinguished. S.A.K. Rehmani v. The State 2005 SCMR 364; 2011 SCMR 872 and 2013 SCMR 280 rel. JUDGMENT MUHAMMAD EJAZ SWATI, J.---The appellant was tried, found guilty and convicted, under section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as the Act, 1997), sentenced to suffer life imprisonment and to pay fine of Rs.200,000 (Rupees Two Lacs) or in default thereof to further suffer S.I for one year with benefit of section 382-B, Cr.P.C. by the Special Judge (C.N.S.) Balochistan, Quetta vide judgment dated 7th October, 2011. The appellant has challenged the validity of his conviction and sentence by filing the present appeal before this Court. 2. The prosecution case as per the…
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