| Citation(s) |
|---|
| 2002 SLG 902 2002 SLD 902 2002 PCRLJ 344 |
Peshawar High Court
Criminal Appeal No.75 of 1999, decided on 15th May, 2001.
NASIRUL MULK AND IJAZ-UL-HASSAN, JJ
Malik Muhammad Asif for Appellant. Muhammad Ayub Khan, Dy.A.-G. for the State.
Criminal Appeal No.75 of 1999, decided on 15th May, 2001.
NASIRUL MULK AND IJAZ-UL-HASSAN, JJ
Malik Muhammad Asif for Appellant. Muhammad Ayub Khan, Dy.A.-G. for the State.
SOHRAB
VS
THE STATE
Law:
Section:
Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) 25---Criminal Procedure Code (V of 1898), S.103--¬Appreciation of evidence---Sentence---Provisions of S.103, Cr.P.C. were not applicable to the case---Police officials deposing as prosecution witnesses had no ill-will or malice against the accused and their evidence could not be discarded merely on the basis of their being police employees---Narcotics could not be believed to have been planted on the accused by the police from their own source---’Charas’ and heroin had been recovered from the accused immediately after his apprehension--¬Report of the Chemical Analyst about the said narcotics was positive--¬police Officer was not prohibited under the law to be a complainant if he was a witness to the commission of the offence and also to be an Investigating Officer if the accused thereby was not prejudiced in any way---Impugned did not suffer from any illegality or material irregularity---Conviction of accused was upheld accordingly, but in view of the quantum of narcotics recovered from him his sentence of ten years R.I. was reduced to six years R.I. Malik Muhammad Asif for Appellant. Muhammad Ayub Khan, Dy.A.-G. for the State. Date of hearing: 15th May, 2001. JUDGMENT IJAZ-UL-HASSAN, J.--- This appeal is directed against judgment, dated 1-12-1999 passed by Sessions Judge/Judge, Special Court, Mansehra whereby Sohrab son of Munawar Khan appellant has been found guilty for committing an offence under section 9(c) of Control of Narcotic Substances Act, 1997 and has been sentenced to suffer R.I. for 10 years and to pay fine of Rs.10,000 or in default thereof further S.I. for one year. Benefit of section 382-B, Cr.P.C. has also been extended to him. 2. The prosecution story in brief is, that on the night of occurrence, i.e., 28-1-1998 S.H.O. Muhammad Fazal Khan, Police Station Shinkiari alongwith Muhammad Ali and Muhammad Akbar P.Ws. was on a routine Gusht near Patrol Pump Marghazar when he was informed that the appellant is busy in selling narcotic near Canteen of Mental Hospital Dhodial. On this information the police party reached the spot and found the appellant present there. On personal search,…
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