| Citation(s) |
|---|
| 2022 SLG 1818 2022 SLD 1818 2022 PLJ 203 |
Supreme Court of Pakistan
Crl. P. No. 496 along with Jail P. No. 441 of 2018, decision dated: 8.3.2022. (On appeal against the judgment dated 26.02.2018 of the Peshawar High Court, Peshawar passed in Crl. A. No. 387-P of 2015)
SARDAR TARIQ MASOOD, QAZI MUHAMMAD AMIN AHMED AND AMIN-UD-DIN KHAN, JJ.
Mr. Ahsan Hameed Lilla, ASC and Syed Rifaqat Hussain Shah, AOR for Petitioners (in Criminal Petition No. 496 of 2018). Mr. Arshad Hussain Yousafzai, ASC for Petitioner (in Jail Petition No. 441 of 2018). Mr. Zahid Yousaf Qureshi, Additional A.G., Khyber P
Crl. P. No. 496 along with Jail P. No. 441 of 2018, decision dated: 8.3.2022. (On appeal against the judgment dated 26.02.2018 of the Peshawar High Court, Peshawar passed in Crl. A. No. 387-P of 2015)
SARDAR TARIQ MASOOD, QAZI MUHAMMAD AMIN AHMED AND AMIN-UD-DIN KHAN, JJ.
Mr. Ahsan Hameed Lilla, ASC and Syed Rifaqat Hussain Shah, AOR for Petitioners (in Criminal Petition No. 496 of 2018). Mr. Arshad Hussain Yousafzai, ASC for Petitioner (in Jail Petition No. 441 of 2018). Mr. Zahid Yousaf Qureshi, Additional A.G., Khyber P
MUHAMMAD SHOAIB and anothers
VS
STATE
Law: Control of Narcotic Substances Ordinance, 1996
Section: 9(C)
Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Appreciation of evidence--Safe custody and safe transmission--Conviction and sentence--Challenge to--Material witnesses were withheld--Acquittal of--Moharrar investigation who according to PW-1 kept the sample parcels in safe custody was never produced by the prosecution--So, the safe custody of sample parcels was not established by the prosecution--Constable who allegedly took the sample parcels to the concerned laboratory was also not produced--Prosecution failed to establish safe custody and safe transmission of the sample parcels--Impugned is set aside and accused persons were acquitted. 2018 SCMR 2039; 2016 SCMR 621; 2015 SCMR 1002; 2012 SCMR 577 ref. JUDGMENT Sardar Tariq Masood, J.--The petitioners Muhammad Shoaib (Crl. P. No. 496/2018) and Arshad Mehmood (J.P. No. 441/2018) faced trial in case FIR No. 577 dated 27.09.2013, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997 (Act, 1997) registered at Police Station Serdehri, District Charsadda. On the conclusion of trial, the learned Sessions Judge/Special Court (CNS), Charsadda, vide judgment dated 03.06.2015, convicted them under Section 9(c) of the Act, 1997 and sentenced to imprisonment for life with fine of Rs. 1,00,000/- each or in default of payment of fine to further undergo six months’ simple imprisonment each. Benefit of Section 382-B, Cr.P.C. was also extended to him. Aggrieved of their conviction and sentence, the petitioners filed a Criminal Appeal before the Peshawar High Court, Peshawar and the learned High Court, vide impugned judgment dated 26.02.2018, dismissed the said appeal Hence, the instant petitions for leave to appeal by the petitioners. 2. After hearing the learned counsel for the petitioners, learned Additional Prosecutor General, KPK and perusal of the available record as well as the impugned judgment it has been observed by us that although Jahangir Khan, H.C. (PW-1) claimed that complainant had handed over the sample parcels to him which he further handed over to Moharrar Investigation for safe custody for sending them to Forensic Science Laboratory, Peshawar. The said Moharrar…
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