Law:

Section:

Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 3 & 4---Appreciation of evidence---Police officials in the given circumstances were competent witnesses of recovery who were not proved to have any animus or particular interest for false implication of accused and question of violation of S.103, Cr.P.C. did not arise---Box from which recovery of heroin was effected was lying under the reserved seat occupied by accused in the Railway compartment who himself unlocked the same---Despatch of sample powder to Chemical Examiner in one bulk after having taken sample from each packet, which was found to be heroin, was neither contrary to any law nor in violation of any procedure---Accused was proved to have been transporting huge quantity of heroin which also belonged to him---Conviction and sentence of accused were upheld in circumstances. JUDGMENT NAZIR AHMAD BHATTI, C.J.---Sub-Inspector Muhammad Yousuf Shah, S.H.O. of Railway Police Station Rawalpindi, alongwith a party of police official, was carrying out search of 6-Down Tezro on 7-12-1991 at Railway Station, Rawalpindi at 14-35 hours. He entered Bogie-No.9 of the train. Appellant Muhammad Banaras was sitting on a single seat No.l of the said bogie and under the seat an iron box was lying which was claimed by the appellant to belong to him. On the direction of the S.H.O. the appellant took out a key from his pocket and unlocked the box. Search of the box had carried out by the said S.H.O. who recovered 10 polythene packets each containing one kilogram of heroin. The S.H.O. separated 5 grams of heroin powder from each packet for chemical analysis. He made a bulk, of the samples into one parcel. The S.H.O. arrested the appellant and sent written complaint to Railway Police Station for registration of the case. He also forwarded the packet§ of sample and the remaining bulk powder to the police station. The S.H.O. had also recovered some other articles from the box and recovery memo. was prepared by him which was attested by Rafi Ullah Khan A.S.I. and Allah Bakhsh, I.H.C. The Chemical Examiner found the sample to be heroin powder which could cause intoxication. 2. After investigation the appellant…

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