| Citation(s) |
|---|
| 2008 SLG 1589 2008 SLD 1589 2008 SCMR 380 |
Supreme Court of Pakistan
Jail Petitions Nos.94 and 141 of 2004, decision dated: 30-05-2006.(On appeal from the judgment, dated 14-1-2004 of the Peshawar High Court Peshawar passed in Jail Criminal Appeals Nos. 184 and 185 of 2003)
FAQIR MUHAMMAD KHOKHAR AND M. JAVED BUTTAR, JJ
Dil Muhammad Tarar, Advocate Supreme Court for Petitioner. M. Bilal, Senior Advocate Supreme Court for the State
Jail Petitions Nos.94 and 141 of 2004, decision dated: 30-05-2006.(On appeal from the judgment, dated 14-1-2004 of the Peshawar High Court Peshawar passed in Jail Criminal Appeals Nos. 184 and 185 of 2003)
FAQIR MUHAMMAD KHOKHAR AND M. JAVED BUTTAR, JJ
Dil Muhammad Tarar, Advocate Supreme Court for Petitioner. M. Bilal, Senior Advocate Supreme Court for the State
QAIM SHAH
VS
THE STATE
Law:
Section:
Control of Narcotic Substances Act (XXV of 1997)---S. 9(c)---Appreciation of evidence---Sentence, reduction in---Recovery of 13 kilograms and 600 grams of Charas and one kilogram opium from male accused---Recovery of 9 kilograms and 600 grams Charas from female accused from different packets---Both accused not related to each other were travelling together in a bus---Prosecution witnesses had no enmity or grudge against accused to involve them falsely---Prosecution witnesses were consistent and confidence-inspiring regarding time, place of occurrence and recovery of narcotics---Recovery of such huge quantity of narcotics from individual accused had been effected honestly and fairly---Conviction of both accused was upheld, while sentence of life imprisonment also awarded to female accused was reduced to 10 years' R.I. for recovery from her being less than 10 kilograms. JUDGMENT M. JAVED BUTTAR, J.--- The Petitioners Qaim Shah and Mst. Shamshada, through listed petitions, are seeking leave to appeal against judgment, dated 14-1-2004 passed by a learned Division Bench of Peshawar High Court, whereby Criminal Appeals Nos.184 and 185 of 2003, instituted by the petitioners were dismissed and their convictions and sentences recorded by trial Court were maintained. However, the benefit of section 382-B, Cr.P.C. was given to them. 2. The petitioners were tried by Judge, Special Court (CNS), Peshawar under section 9(c) of C.N.S.A., 1997, in case F.I.R. No.36, dated 3-8-2001 registered at Police Station Anti-Narcotics Force, Kohat for an occurrence of the same day which took place near F.C. Post, Kotal, Kohat in which, at about 0900 hours, Flying Coach coming from Dera Adam Khail side was stopped and a bundle of cloth (Gathri) was recovered from petitioner Qaim Shah which contained 13 kilos and 600 grams of Charas and one kilogram of opium, in different packets. The personal search of petitioner Mst. Shamshada through lady searcher led to the recovery of 9 kilos and 600 grams of Charas in different packets. A small quantity of the contraband was separated from each packet, as sample for chemical analysis. 3. The prosecution produced five witnesses. P. W.1 Kamin Khan…
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