Law:

Section:

Prohibition (Enforcement of Hadd) Order (4 of 1979)--Art. 4---Constitution of Pakistan (1973), Art.185--- Recovery of heroin from accused---Acceptance of ownership of a heavy narcotic material by one of the accused; help rendered by one of the officers to one of the accused in slipping away from custody and integrity of prosecution witnesses---Effect---Fact that two Mashirs stated to be independent, did not support prosecution would tally well and reasonably with the fact that huge quantity of heroin recovered involved very big stakes for the culprits and temptations for several others including prosecution witnesses---Such circumstances could also be treated as a corroboratory material in so far as prosecution evidence was concerned--­Sufficient indication of attempt at winning over witnesses was pointed out which also included officer who had helped escape one of the accused--Even if statement of accused (petitioner) made before witnesses during the raid was accepted as a confessional statement before the police, though it might have been treated as conduct, and was excluded from consideration, there was enough evidence on the record that petitioner was not a mere carrier--­Petitioner's version in defence of having met an accident, when he was driving his car, with the vehicle of officials (who recovered heroin) was not acceptable---Petitioner was rightly committed for the offence---Petitioner's prayer for leniency of sentence could not be granted for he had not come out with the whole truth if at all he was carrier as claimed by him---No ,justification having been made out for interference, leave to appeal was refused. ORDER MUHAMMAD AFZAL ZULLAH, C.J.---The petitioner/convict under the Prohibition (Enforcement of Hadd) Order, 1979 with award of sentence of life imprisonment whipping and heavy fine has sought leave to appeal. The prosecution case as contained in the testimony of group leader in the raiding party Azizullah Qalander Bux P.W.4, is as follows:-- "On 17-7-1988, I was posted at Defence PNCB Station Karachi as a group leader. I know Liaquat Ali Zaidi. He is Field Investigation Officer. I also know Abdul Nabi Solangi, who is also Field Investigation…

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