2001 P Cr (PLP)

Mirza Bashir Baig for the State. Date of hearing: 1st October, 1997. RASHID AZIZ KHAN, J.‑‑‑ Ghulam Ali son of Muhammad Tufail was in custody in pursuance of a case already registered against him. During interrogation he voluntarily led the policy party to his cattle shed and got recovered 3000 grams opium whereupon a case under section 10(2), clause (a) of Dangerous Drugs Act, 1930 was registered against him vide F.I.R. No.154, dated 9‑12‑1993 with Police Station Nawan Kot, Lahore. Sessions Judge, Toba Tek Singh vide his judgment dated 5‑7‑1995 found him guilty under section 10(2)(a) of Dangerous Drugs Act, 1930 and sentenced him to 8 years' R.I. with a fine of Rs.30,000 or in default further R.I. for two years. He was, however, given the benefit of section 382‑B, Cr.P.C. Convict had appealed. This judgment will dispose of the same.

2. Prosecution story, in brief, as already discussed was that appellant during custody in connection with another case got recovered 3000 grams opium for which he could not produce any licence. After usual investigation challan was submitted and the prosecution in support of its case produced five witnesses in all. Gulzar Ahmad Constable P.W.1 was given a sealed parcel containing opium which he delivered in the office of Chemical Examiner, Lahore. Muhammad Saleem P.W.2 Moharrir Head Constable had kept the parcel in the Malkhana and had also recorded formal F.I.R. Exh.P.A./1 on the basis of complaint Exh.P.A. sent by Shaheryar‑Inspector. Riaz Ahmad, S.‑I. and Muhammad Hussain, A.S.‑I. appeared as P.Ws.3 and 4 respectively. They had witnessed the recovery of 3000 grams of opium at the instance of the appellant from his cattle‑shed. Both of them had signed the recovery memos. Shaheryar, Inspector P.W.5 investigated the case and challaned the accused. At the conclusion of the prosecution evidence appellant was examined without oath. He refuted the prosecution allegation and pleaded innocence. In answer to a question he stated that the case had been registered against him on account of enmity and mala fides. Shaheryar Inspector P.W.5 was involved in a murder case and the appellant helped. the deceased party. Ultimately on account of his intervention said Shaheryar Inspector had to pay Diyat in order to effect a compromise. Later he was posted in their village and demanded the money back: On refusal the present case was registered. In support of his allegation appellant also produced Saleem Akhtar D.W.1 who corroborated his version. The appellant, however, did not choose to appear in his defence.

3. It. was contended by the learned counsel for the appellant that ever since his conviction and sentence he is behind the bars and in these circumstances he has undergone half of his sentence, therefore, he would be satisfied if the sentence was reduced to the period already undergone by the appellant. Contentions were opposed.

4. We have heard learned counsel for the parties and gone through the evidence. Prosecution in order to establish its case produced five witnesses in all. Recovery of opium at the instance of the appellant was witnessed by Riaz Ahmad, S.‑I. and Muhammad Hussain, A.S.‑I. P.Ws.3 and 4 respectively. Both of them had signed the memos. as well. They were put to the test of lengthy cross‑examination but nothing could be brought on the record to suggest ill‑will or motive on the part of these two witnesses to falsely implicate the appellant. We feel they can be safely relied upon. We are of the view that much reliance cannot be placed on the statement of D.W. because a copy of the judgment whereby compromise was effected has not been produced. As far question of sentence is concerned, we feel there is some l force in the submission of the learned counsel for the appellant. As already discussed, prosecution has been able to establish its case beyond reasonable doubt, therefore, while dismissing the appeal we reduce the sentence of imprisonment to four years' R.I. with benefit of section 382‑B, Cr.P.C. to be given to the appellant. The sentence of fine or in default thereof is however, maintained. NHQ./G-64/L????????????????????????????????????????????????????????????????????????????????????? Sentence reduced.