Case Details

Citation(s)
2016 SLG 3930 2016 SLD 3930 2016 YLR 2293
Peshawar High Court
Cr. A. No. 639-P of 2013, decided on 17th November, 2015. Date of hearing: 17th November, 2015.
WAQAR AHMED SETH AND MUHAMMAD YOUNIS THAHEEM, JUSTICE
Mst. Farhana Marwat for Appellant. Mian Arshad Jan, A.A.G. for the State.

ZAKIR ULLAH-

VS

. THE STATE--Respondent

Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)----- -----Ss. 9(c) & 25----- Possession of narcotics----- Appreciation of evidence-----Conscious knowledge of recovered stuff-----Effect----- Testimony of prosecution witnesses could not be shaken-----Nothing was on record that accused was involved falsely or matter was prompted by his enemies to foist such a huge quantity of narcotics on him-----Stuff recovered from the vehicle of accused was in fact charas-----Accused was present at the driving seat of the vehicle which was in his possession and from its secret cavities huge quantity of narcotics was recovered-----Recovered stuff was in the ownership of accused and he was having its conscious knowledge-----Accused had failed to prove that he did not have conscious knowledge of recovered stuff-----Police officials were as good witnesses as private persons unless any animosity was brought on record-----Nothing was on record that accused had any ill will or grudge with the prosecution witnesses-----Charge against accused had been proved beyond any shadow of doubt-----Accused had been rightly convicted in circumstances----- No illegality, irregularity, mis-reading or non-reading of evidence had been pointed out in the impugned and sentence awarded to the accused-----Trial Court had rightly appreciated the evidence and held guilty the accused for the offence-----Appeal was dismissed in circumstances. Bilal v. The State 2007 YLR 3096 and Tariq Mehmood v. The State PLD 2009 SC 39 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:----------- Through the instant criminal appeal, the appellant/accused Zakirullah has challenged the conviction and sentence of imprisonment for life awarded to him through impugned judgment dated 30.11.2013 passed by learned Additional Sessions Judge-IX/Judge Special Court (CNS), Peshawar with a fine of Rs.100000/- or in default to undergo one year's S.I. Benefit of section 382-B Cr.P.C. was, however, extended to him. 2. Brief facts of the case as per prosecution story are that on 28.05.2012 it was information to the complainant Behram Khan S.I that today at any time through Tractor trolley huge quantity of narcotics would…
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