Case Details

Citation(s)
2022 SLG 202 2022 SLD 202 2022 SCMR 317
Supreme Court of Pakistan
Jail Petition No. 614 of 2016, decided on 28th October, 2021. Date of hearing: 28th October, 2021. (On appeal against the judgment dated 19.10.2016 passed by the Peshawar High Court, Peshawar in Criminal Appeal No. 46-P/2014)
SAJJAD ALI SHAH, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Ms. Aisha Tasneem, Advocate Supreme Court for Petitioner. Raja Muhammad Rizwan Ibrahim Satti, State Counsel for the State.

AJAB KHAN

VS

THE STATE

Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession and transportation of 19 kilograms of charas---Reappraisal of evidence---Accused was caught red handed by the police and 19 packets of charas garda, each packet weighing 1000 grams (total 19 kilogram), was recovered from beneath the rear seat of the car, which was being driven by the accused---From each packet, 4 grams of charas was separated in 19 separate parcels for the purpose of chemical examination and the remaining was sealed into a separate parcel---Prosecutions case hinged upon the statements of two police officials, who narrated the prosecution story in a natural manner and remained consistent throughout and their testimony could not be shattered by the defence despite lengthy cross-examination---Said witnesses had no enmity with the accused to falsely implicate him in the present case as a huge quantity of charas could not be foisted upon the accused to fabricate a fake case---Police officials separated the samples from each packet in the prescribed manner and sent the same to the office of Forensic Science Laboratory---Report of the Forensic Science Laboratory showed that all the 19 samples were subjected to chemical and instrumental analysis and the same were found to be narcotic substance---Nothing on record suggested that the safe chain of custody of the samples was compromised---Petition for leave to appeal was dismissed, leave was refused and conviction and sentence recorded against the accused was maintained. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Possession of narcotics---Testimony of police officials---Such testimony was as good as any other private witness unless it was proved that the police officials had animus against the accused. Salah-ud-Din v. State 2010 SCMR 1962 ref. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), Ss. 164 364---Possession and transportation of 19 kilograms of charas---Reappraisal of evidence---Judicial confession before Magistrate---Use of a printed proforma for recording confession of accused---Propriety---Two days after of the occurrence, the…
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