1991 P Cr (PLP)

Ghulam Jillani son of Muhammad Shari, Caste Sheikh, resident of 5-D 27/12, New Karachi was tried by the learned Special Judge Customs, Lahore. By judgment dated 15-1-1991 he convicted Ghulam Jillani appellant under section 156(1)8 of the Customs Act, 1969 and sentenced him to five years' R.I. plus a fine of Rs.5,000 or in default thereof to undergo further R.I. for a period of 6 months with benefit of section 382-B, Cr.P.C. He has appealed.

2. The prosecution case is that on 7-7-1990 Ghulam Jillani appellant and Mujahid Ahmad (since discharged) came to Counter No.2 for going to India. On suspicion, their luggage was searched. The attache-case of the appellant was found to contain two packets of heroin weighing 500 grams concealed under the lining of the bottom of the attache-case. They were arrested. During investigation, Mujahid Ahmad was found to be innocent and was got discharged.

3. At the trial, the prosecution produced Mohsin Abbas, Inspector Customs (P.W.1) and Riasat Ali Sepoy Customs (P.W.2), Riasat Ali Inspector (P.W.3) and Jahingir Raza Inspector Customs (P.W.4). P.W.1 and P.W.2 furnished the details of the seizure while Riasat Ali Inspector conducted investigation of the case.

4. The appellant pleaded not guilty to the charge and stated that the suit-case from which the heroin was recovered belonged to Mujahid Ahmad. He was let off by the Customs Staff after getting illegal gratification from him and that he had been falsely implicated. He did not adduce any evidence in defence.

5. The learned trial Court did not accept the plea of the appellant and relying on the statements of Mohsin Abbas (P.W.1) and Riasat Ali P.W.2 convicted and sentenced the appellant as described above.

7. Learned counsel for the appellant contends that the prosecution had failed to establish its case against the appellant and that there has been misreading of the evidence. The heroin was recovered from the suit-case of Mujahid Ahmad co-accused but the same was planted on the appellant.

8. I have considered the arguments of the learned counsel for the appellant and perused the record. The recovery of heroin from the possession of the appellant stands fully established through the evidence of Mohsin Abbas (P.W.1) and Riasat Ali (P.W.2). They were put searching questions in the cross- examination but their testimony could not be shattered. It is not understandable as to why the Customs Authorities would let off Mujahid Ahmad co-accused if anything objectionable had been recovered from his possession. No reason whatsoever appears for the substitution of the appellant in his place. The Customs Authorities did not have any malice or illwill against the appellant to falsely implicate him in a case of the present nature. There is nothing on record, which helps the appellant or creates doubt about his involvement in the case.

9. Taking into account the material on record, the prosecution case stands fully established against the appellant. He was, therefore, rightly convicted and properly punished. Consequently, the appeal fails and is dismissed accordingly. N.H.Q./G-418/L Appeal dismissed