| Citation(s) |
|---|
| 1992 SLG 799 1992 SLD 799 1992 SCMR 2072 |
Supreme Appellate Court, Pakistan
Criminal Appeals Nos.44/SAC/Land 45/SAC/L of 1992, decision dated: 6-07-1992(On appeal from the judgment of Special Court for Speedy Trials No.II, Lahore comprising Mr. Justice (Retired) Gulbaz Khan, dated 30-5-1992 passed in case F.I.R. No.190 of 1990)
, JUSTICE SHAFIUR RAHMAN, CHAIRMAN, JUSTICES RAJA AFRASIAB KHAN AND ABDUL MAJID TIWANA, MEMBERS
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Criminal Appeals Nos.44/SAC/Land 45/SAC/L of 1992, decision dated: 6-07-1992(On appeal from the judgment of Special Court for Speedy Trials No.II, Lahore comprising Mr. Justice (Retired) Gulbaz Khan, dated 30-5-1992 passed in case F.I.R. No.190 of 1990)
, JUSTICE SHAFIUR RAHMAN, CHAIRMAN, JUSTICES RAJA AFRASIAB KHAN AND ABDUL MAJID TIWANA, MEMBERS
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AMJAD and others
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--S. 103---Drugs Act (XXXI of 1976), S. 27(1)(a)---Drug Inspector in the interest of secrecy and protection had sought the assistance of the C.I.A. Staff excluding the participation and association of the police stations having jurisdiction or even the respectable of the locality---Such a caution on the part of Drug Inspector would not make the proceedings suspect for non-inclusion of a respectable of the locality. (b) Drugs Act (XXXI of 1976)--- ----S. 27(1)(a)---Appreciation of evidence---Prosecution witnesses were responsible Government Officers who in the performance of their statutory duty without any mala fides on their part had conducted the raid taking all precautions and observing legal formalities---Defence evidence on the other hand did not inspire confidence---Conviction and sentence of accused were upheld in circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S. 382-B---Drugs Act (XXXI of 1976), S. 27(1)(a)---Trial Court had omitted to extend benefit of S.382-B, Cr. P.C. to accused without noticing any feature .justifying such a denial---Benefit of S.382-B, Cr.P.C. was allowed to the accused accordingly. JUDGMENT JUSTICE SHAFIUR RAHMAN (CHAIRMAN)---Two separate appeals have been filed by the two convicts under section 13 of the Special Courts for Speedy Trials Ordinance, 1991 against a common judgment of the Special Court for Speedy Trials No. II, Lahore, dated 30th of May, 1992 whereby both the appellants were convicted under section 27(1)(a) of Drugs Act, 1976 and sentenced to undergo R.I. for three years and a fine of Rs.1,000 each or in default of payment of fine to undergo. R.I. for six months more. 2. The prosecution case against the appellants in brief was that Rizwan Ashraf, Drug Inspector (P.W.1) received information that a group of persons was manufacturing and marketing spurious drugs in Bhagatpura, Shad Bagh, Lahore. He contacted the C.I.A. Staff Qila Gujar Singh, obtained police help from there and in the company of Makhan Khan Inspector C.I.A. (P.W.4) raided the house in question. The room was bolted from inside. It was opened by Sharif, one of the co-accused of the appellant who died a…
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