2007 PLP 1435 (SCMR)

FAQIR MUHAMMAD KHOKHAR, J.

P.W.4, Rehan Gul, Inspector, Customs Intelligence intercepted, on 23-2-2001, a Toyota Pick-up No.DR-2298 near Khairabad on the G.T. Road. The petitioner and Ali Rehman were found in the Pick-up. From the secret cavities of the Pick-up 189 kilograms of Charas and 12 kilograms of opium were recovered. The case F.I.R. No.8, dated 23-2-2001 was registered at Police Station Investigation and Prosecution Branch, Customs Department, Peshawar. The petitioner and his co-accused Ali Rehman were tried by the Sessions Judge/Judge Special Court, Nowshera who convicted them under section 9(c) of the Control of Narcotic Substances Act, 1997 vide judgment, dated 23-10-2003. Both of them were sentenced to life imprisonment with a fine of Rs.10,00,000 (one million) each or in default to further undergo imprisonment for five years. Benefit of section 382-B, Cr.P.C. was extended to them. They filed Criminal Appeal No.773 of 2003 which was dismissed by a learned Division Bench of the 'Peshawar High Court vide the impugned judgment, dated 22-12-2004.

2. The learned counsel argued that the trial Court as well as High Court had failed to take into consideration the statement of Sanaullah Khan, Inspector, P.W.2 in its proper perspective who categorically stated that the packets of opium were not properly sealed. He further argued that the prosecution had failed to prove its case against the petitioner beyond any reasonable doubt.

36. On the other hand, the learned counsel for the State argued that no enmity of the P.Ws. was shown with that of the petitioner or his co-accused Ali Rehman and that the recovery of huge quantity of narcotics was fully established by the prosecution.

4. We have heard the learned counsel for the petitioner as well as the State and have also perused the available record.

5. We find that the recovery of 189 kilograms Charas and 12 kilograms opium was duly proved by the prosecution. The High Court as well as the trial Court properly considered the prosecution evidence in juxtaposition with the plea taken by the petitioner. The case of the prosecution was not shown to be suffering from any noticeable defect. There was no reason for false involvement of the petitioner despite some concessions made by P.W.2 Sanaullah Khan. The impugned judgment of the High Court does not suffer from any legal infirmity so as to warrant interference by this Court. Needless to observe that each packet of Charas and opium weighed 1 kilogram. Therefore, the provisions of section 9(c) of the Act were fully attracted.

6. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused. N.H.Q./W-1/SC Leave refused.