Case Details

Citation(s)
2010 SLG 2822 = 2010 SLD 2822 = 2010 MLD 1068
Sindh High Court
Criminal Appeal No. D-62 of 2004, decided on 7th May, 2009.
Presented By: Ali Sain Dino Metlo and Syed Shafaqat Ali Shah Masoomi, JJ
Abdul Baqi Jan Kakar for Appellant.

MUHAMMAD SALEEM---Appellant

VERSUS

THE STATE---Respondent

Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---Appreciation of evidence---Accused had contended that Police Inspector had falsely implicated him because he was serving as cook of said Inspector who suspected him to be involved in the murder of his son---No substance was found in the plea of accused as said Police Inspector had categorically denied the suggestion that accused was his cook and he had also stated that he did not know accused previously---Even otherwise son of said Police Inspector was murdered in 1999 and case against accused pertained to 2002---Plea of total denial and lack of knowledge about the presence of Charas in the secret cavity of the vehicle driven by accused being self-contradictory, could not be given any weight---Accused did not give any explanation for the Charas recovered from the secret cavity of the vehicle driven by him---Finding of the Trial Court holding accused guilty of transporting the Charas was unexceptionable in circumstances---Not necessary to send whole property to the Chemical Examiner when samples were taken from each bundle---Accused never stated that some other substance was recovered from him---Neither the manner of transporting Charas was necessary to be mentioned in the charge nor accused was misled in his defence nor failure of justice had in fact been occasioned---Contention of accused that he had no knowledge about the Charas having been concealed in the secret cavity in the floor of Pick-up was repelled---Accused was driving the vehicle knowing that the Charas had been kept in the secret cavity, but his case was of total denial---When the prosecution had successfully proved that accused was driving the Pick-up containing 342 kilograms of Charas in its secret cavity, his plea of total denial was found false---Accused could not absolve himself by pleading ignorance about the Charas having been kept in the secret cavity of the vehicle which was in his charge---Accused, in circumstances, was rightly convicted and sentenced---Appeal of accused was dismissed.? Nadir Khan and another v. The State 1988 SCMR 1899 and Zahoor Ahmed Awan v. The State 1997 SCMR 543 ref. (b) Criminal Procedure Code (V…
šŸ”’
Continue readingLogin or create an account to access the complete content.Login / Register