2006 PLP 1519 (MLD)

ALI NAWAZ CHOWHAN, J.

Elochukwu Tony appellant was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 by the learned Judge Special Court C.N.S. Lahore vide judgment, dated 27-1-2004 in case F.I.R. No.49 of 2002, dated 23-12-2002 registered at Police Station A.N.F. Lahore and sentenced to 12 years' R.I. with a fine of Rs.4,00,000 or in lieu thereof to further undergo one year's S.I. By the same judgment Fatouata was acquitted of the charge.

2. Briefly the prosecution case is that on 23-12-2002 Major Shamshad Hussain Dar, Deputy Director A.N.F. Lahore along with other officials on a spy information apprehended the accused along with Fatoumata from Uganda Hotel and five packets of heron each weighing 1 Kg. were recovered from the shopping bag which the appellant was holding in his hand whereas 500 grams heroin was recovered from the hand bag of Fatoumata.

3. The prosecution to prove its case examined as many as five witnesses. Muhammad Afzal Asim, Inspector P.W. recorded formal F.I.R. Exh.PA on the basis of the written complaint. Muhammad Yasin HC P.W.2 deposed about the safe custody of the sealed parcels containing heroin in the malkhana of the police station. Rashid Mehmood constable P.W.3 transmitted the sealed parcels said to contain heroin to the office of Chemical Examiner Lahore. Rao Zahid Mehmood, Inspector P.W.4 and Amir 1-Iamza, Ex-Inspector A.N.F., Lahore P.W.5 are the witnesses of the recovery.

4. The accused were examined under section 342, Cr.P.C.. They denied all the allegations and recovery of heroin. They neither opted to appear as their own witnesses under section 340(2), Cr.P.C. nor produced any defence evidence.

5. Before this Court the order of conviction was not assailed nor was there any cogent argument against the Investigation Agency. The learned counsel candidly stated that he was more anxious in the reduction of sentence. It is further stated that the appellant has no history of any previous involvement. That he was merely a carrier who out of sheer poverty may have been involved by a principal living in safe heavens aboard. That this malady is rampant in the third world because of economic reasons. What he meant was that "poverty was the mother of all crimes."

6. We are, of course, of the view that until and unless there is a socio-logical movement through the help of religion and a firm propaganda we may not be able to have an effective check on the production and smuggling of narcotic whether by the locals or the foreigners.

7. We hear very week numerous narcotics cases and we find a mechanical process aimed at arresting the accused. But we never hear of any movement either on behalf of Narcotics Control Board, the Government of Pakistan (Interior Ministry) or the Ministry of Religious Affairs persuading people to refrain from this nefarious trade or warning the carriers and their lords who indulged in this trade. While the rich lords keeping themselves immune from the clutches of law openly exploit the poor for acting as their carriers.

8. This is happening not only in Pakistan but in all the third world countries and we are required to meet the challenge because it is the poor who lose their heads and suffer incarceration. The trade also brings a bad name to Pakistan every time a narcotic case is detected.

9. The Government Ministries afore-mentioned can co-ordinate with our? neighbouring country Afghanistan. After all these are Muslim majority areas where the narcotics are being grown contrary to the injunctions of Islam and we are required to stop this trade.

10. It is said that the appellant was poor carrier and has no previous history.

11. After hearing the learned counsel for the appellant we are upholding the order of conviction and keeping in view the circumstances of the case we are reducing the sentence from twelve years to seven year' R.I. and also reduce the sentence of fine from Rs.4,00,000 to Rs.3,00,000 or in lieu thereof to further undergo six months' S.I. He is, however, given the benefit under section 382-B, Cr.P.C. The appeal is disposed of accordingly.

12. In view of what is stated in paragraph Nos. 7 to 10 we think it proper that a copy of this judgment is forwarded to the three agencies referred to in the afore-mentioned paragraphs in the personal names of their heads in sealed covers and in the national interest and welfare of the people. H.B.T./E-8/L??????????????????????????????????????????????????????????????????????????????????????? Order accordingly.