Case Details

Citation(s)
2007 SLG 3080 2007 SLD 3080 2007 PLJ 361
Lahore High Court
Crl. A. No. 199 & 224 of 2003, heard on 27.9.2006.
ABDUL SHAKOOR PARACHA & SYED SAJJAD HUSSAIN SHAH, JJ.
Mr. Zafarullah Salary, Advocate for Appellants. Mr. Mukhtar Ahmad Gondal, Advocate for State.

MITHA KHAN and another--Appellants

VS

STATE--Respondent

Law:

Section:

Control of Narcotic Substances Act, 1997-- ----Ss. 9(b)(c), 25 & 48--Criminal Procedure Code, (V of 1898), Ss. 103, 173, 340(2) & 342--Conviction and sentence recorded against accused--Challenge to--Question of law and facts--Recovery of 21kg charas underneath rear seat of car--Appreciation of evidence--Violation of--Provisions of Special Statute excluded application of S. 103 Cr.P.C.--Held: Police officials are equally competent witnesses as are private and their testimony cannot be discarded merely for the reasons that they are police employees--Evidence of recovery in respect of the quantity of narcotic substance recovered and for sending it for chemical analysis, is consistently established by the prosecution witneses--Report of the Chemical Analyst in respect of the substance was positive--Appellant had failed to make out a case for acquittal and adverting to the quantum of sentence--Appellants were first offenders and had no previous record, therefore, their sentence was reduced imprisonment for ten years from life imprisonment--Appeals dismissed. [P. 364] B Witness-- ----Competent witness--Police officials--Police officials are equally competent witnesses as are private and their testimony cannot be discarded merely for the reason that they are police employees. [P. 364] A PLD 1996 SC 67 rel. Judgment Syed Sajjad Hussain Shah, J.--This judgment will dispose of Criminal Appeal No. 199 of 2003 and Criminal Appeal No. 224 of 2003 as common question of law and facts is involved in these matters. 2. Appellants Mitha Khan and Zahid Anwar through the said appeals have challenged the vires of judgment dated 24.4.2003 passed by the learned Additional Sessions Judge, Attock in a case FIR No. 31 dt. 8.2.2003 u/S. 9-C of the Control of Narcotic Substances Act, 1997 registered with Police Station Hazro whereby he convicted the appellants under Section 9-C of the Control of Narcotic Substances Act, 1997 and sentenced them to imprisonment for life each with a fine of Rs. 50,000/- each and in default whereof to further undergo two years simple imprisonment each. 3. The prosecution case as per FIR is that on 8.2.2003 Masood Bashir Warraich, Excise Inspector…
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