Case Details

Citation(s)
2016 SLG 1617 2016 SLD 1617 2016 PLJ 477
Lahore High Court
Crl. A. No. 1904 of 2010, heard on 21.12.2015, Date of hearing: 21.12.2015
ABDUL SAMI KHAN AND SHEHRAM SARWAR CH., JJ.
Ch. Muhammad Asif Mahmood, Advocate and Ch. M. Jawad Yaqoob, Advocate for Appellant Mr. Muhammad Naseem Akhtar, DDPP, for State

ABDUL KHALIQ and another--Appellants

VS

STATE--Respondent

Law:

Section:

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 9(c) & 25--Sentence--Poppy leafs was recovered from truck--Failed to point out any glaring contradiction--Benefit of doubt--No private person was associated during recovery proceedings--Validity--It is also settled law that evidence of police officials is as worthy credence as that of any other witness and conviction cannot be set' aside on that score alone--Accused had remained unable to point out background of animosity between them and police officials to justify their falste implication--Judgment regarding conviction and sentence of appellants on charge of offence under Section 9(c) of CNSA for possessing of 43 mounds and five kilograms of poppy leafs does not call for any interference by High Court--Prosecution had proved its case against appellants beyond any shadow of doubt--Appeal was dismissed. JUDGMENT Abdul Sami Khan, J.--Abdul Khaliq and Muhammad Irfan appellants, by filing the instant appeal, have challenged judgment dated 03.07.2010 passed by learned Additional Sessions Judge, Pasrur, in case FIR No. 323/2009 dated 9.12.2009, under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station City Pasrur, whereby they were held guilty under Section 9(c) of the Control of Narcotic Substances Act, 1997 and were sentenced to undergo imprisonment for life with fine of Rs. 5,00,000/- (Rs. Five lacs) each and in case of default in payment of fine, they shall further undergo three years SI each, however, benefit of Section 382-B, Cr.P.C. was extended to them. 2. Precisely, the prosecution story as narrated in the complaint and FIR (Ex.PB and Ex.PB/1) is that 09.12.2009, the complainant Asghar Ali SI alongwith Muhammad Iqbal 764/HC, Javed Iqbal 1109/C, Murtaza Saddique 997/C, Mudassar Hussain916/C, Ghulam Murtaza 1221/C was present on Daska More and he saw a Truck No. 119/TKT coming on Daska Road and after seeing the police party, the truck stopped at some distance. The police party went towards the truck and encircled it and alighted the truck driver Abdul Khaliq and conductor Muhammad Irfan from the truck and inspected the truck and on their search "Pukki"…
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