1986 PLP 11 (SCMR)

‑‑‑Art. 203‑F‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 4‑‑Leave to appeal‑‑Accused alleged to have been found in possession of Charas while travelling in bus‑‑Contention that no one appeared from general public or from passengers of bus Ps witness; all of witnesses were police officials; there was no certainty about place of recovery; whether petitioner was searched in bus or recovery was affected after he had got down the bus; and that Chemical Examiner's report regarding sample taken out of contraband Charas gave only an opinion but no reasons had been mentioned‑‑Contention raised by petitioner except last one, held, related to appreciation of evidence; there was nothing to suggest that police officials had any motive to falsely implicate petitioner; and report of Chemical Examiner had not been placed on record so as to appreciate whether it lacked any material particulars‑‑Leave to appeal was, therefore, refused in circumstances. Hafiz S.A. Rahman, Advocate Supreme Court (absent) and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record (absent) for Petitioner. Abdul Asim Jafri, Advocate Supreme Court for the State. Date of hearing: 15th September, 1985. JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN.‑‑Leave to appeal has been sought through this petition from judgment, dated 16‑6‑1985 of the Federal Shariat Court; whereby conviction of the petitioner under Article 4 of the Prohibition (Enforcement of Hadd) Order (No. 4 of 1979) with a sentence of 1i years' R.I. and a fine of Rs.500 there-under, were affirmed and maintained. None has appeared to prosecute this petition. We, however have treated it as Jail Petition. The learned counsel appearing for the State has assisted the Court. The petitioner was travelling in a bus from Peshawar towards Rawalpindi when near Taxila he was searched by the police and found to have in his possession contraband Charas weighing 1,400 grams. Three police officials appeared for the prosecution and deposed against the petitioner whose plea was that of denial. The petitioner produced defence evidence about his good character. Both the learned trial Court as also the Federal Shariat Court relying on the prosecution evidence found the petitioner guilty under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, and sentenced him accordingly. Learned counsel has pointed out that no one appeared from general public or from the passengers of the Bu: as witness, all of them are police officials; that there is no certainty about the place of recovery, whether the petitioner was searched in the bus or the recovery was affected after he had got down the bus; and lastly, that the Chemical Examiner's Report regarding the sample taken out of the contraband Charas give only an opinion but no reasons have been mentioned. Except for the last point the contentions raised from petitioner side relate to the appreciation of evidence. There is nothing to suggest that the police officials had any motive to falsely implicate the petitioner. The report of the Chemical Examiner has not been placed on record so as to appreciate whether it lacked in any material particular. There is no force in this petition, and the same, is dismissed. M . B . A . Petition dismissed.