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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Muhammad Kamran VS Respondent: The State
Court Name: Supreme Court of Pakistan Judge(s):Qazi Muhammad Amin Ahmed, Manzoor Ahmad Malik, Sardar Tariq
Masood Title: Muhammad Kamran vs The State Case No.: Jail Petition No.521 of 2017 Date of Judgment:2019-06-11 Reported As: 2019 SCMR 1314, 2019 SCP 224 Result: Petition dismissed Judgment Qazi Muhammad Amin Ahmed, J.- Surprised by a police contingent, the petitioner was found in possession of Charas Garda, weighing 1200-grams within the remit of Police Station Naseerabad Rawalpindi on 26-1-2016; upon conclusion of investigation, he was sent to face trial along with forensic report that confirmed the narcotic character of the substance; in the wake of a regular trial, he was returned a guilty verdict by a learned Additional Sessions Judge at Rawalpindi vide judgment dated 17-11-2016; convicted under Section 9 (c) of the Control of Narcotic Substances Act, 1997, he was sentenced to 4-years and 6-months RI along with fine of Rs.20,000/- or to suffer 2-months SI in default thereof with benefit of section 382-B of the Code of Criminal Procedure, 1898. Petitioner's appeal in the High Court met with no better fate vide impugned judgment dated 16-5-2017 and this brings him to this Court. 2. Learned counsel for the petitioner despite being at his best has not been able to point out any serious flaw or infirmity that may be viewed as material or substantial in nature in the statements of the prosecution witnesses. An alleged discrepancy in the description of the contraband recovered, between the complaint and statements of the witnesses went unchallenged during the trial and as such the petitioner cannot claim any benefit thereof in the absence of confrontation within the contemplation of Article 140 of the Qanun-e-Shahadat Order , 1984. No case for interference is made out. Petition stands dismissed.
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