2015 P Cr (PLP)

Through the instant petition filed in terms of section 426, Cr.P.C., Mst. Sadia Bibi petitioner seeks suspension of her sentence and admitting her to bail, pending disposal of her criminal appeal.

2. Having been booked in case F.I.R. No. 384 dated 11-4-2006, offence under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station North Cantt, Lahore, the petitioner was tried by Malik Khalid Mehmood, Additional Sessions Judge, Lahore. The learned trial court seized with the matter in terms of judgment dated 26-6-2013 convicted the petitioner under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced her to undergo R.I. for five years and six months with direction to pay fine of Rs.25,000 and in case of default in payment thereof, to further undergo S.I. for five months and fifteen days. Benefit of section 382-B, Cr.P.C. was also extended in favour of the petitioner.

3. It has been contended by the learned counsel for the petitioner that the impugned judgment is against the law and facts as the petitioner has falsely been involved in this case with mala fide intention and ulterior motives; that there is no evidence against the petitioner to prove the prosecution case; that there are grave and glaring contradiction in the statements of recovery witnesses as well as of prosecution witnesses; that as per complaint, F.I.R., recovery memos. and the report of chemical examiner, the alleged recovered material has been shown as Garda charas but during the course of trial, different case property was presented before the learned trial Court which makes the prosecution case doubtful and as such the petitioner be released on bail by suspending the sentence of the petitioner.

4. On the other hand, learned Law Officer states that all the prosecution witnesses have fully supported the case of the prosecution; that the petitioner was apprehended red handed at the spot and 4 kilograms of contraband charas was recovered at the time of his arrest and as such she is not entitled to any concession.

5. We have heard the arguments advanced from both sides and have gone through the record available on the file.

6. The petitioner was found into possession charas weighing 4 kilograms which was wraped in three packets and in a sack Garda Charas was also recovered. She was apprehended at the spot red handed. The prosecution witnesses fully supported version of the prosecution. The recovery of charas at the spot is fully proved. The chemical examiner report is also positive. The rest of the grounds agitated for suspension of the sentence required deeper appreciation which is not appropriate at this stage. The petitioner was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 after regular trial and the learned trial court came to the conclusion that prosecution has proved its case beyond reasonable doubt.

7. A Full Bench of the Hon'ble Supreme Court of Pakistan in the case of The State through Deputy Director, Anti-Narcotics Force, Karachi v. Mobin Khan reported as (2000 SCMR 299) has held that:-- "Third proviso to subsection (1) of section 497, Cr.P.C., cannot be pressed into service in view of subsection (1) of section 51 read with Clauses (b) and (c) of section 9 of the Control of Narcotic Substances Act, 1997, in a case in which the quantity of narcotic drug or psychotropic substance or controlled substance exceeds one kilogram and which may entail, inter alia, death sentence."

8. In view of the forgoing reasons, this petition having no force is hereby dismissed. MH/S-90/L Petition dismissed.