Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ABDUL QUDDUS VS Respondent: STATE
Court Name: Balochistan High Court Judge(s): Mehta Kelash Nath Kohli, Muhammad Nadir Khan Title: ABDUL QUDDUS vs STATE Case No.: Crl. A. No, 259 of 2002 Date of Judgment:2005-06-24 Reported As: PLJ 2006 Cr.C. (Quetta) 57 Result: Appeal acquitted.
JUDGMENT
JUDGMENT Mehta Kailash Nath Kohli, J.--This appeal is directed against judgment dated 10th September, 2002, passed by Special Judge Narotics), Pishin, in Narcotics Case No, 4 of 2002, whereby; appellant Abdul Qadoos son of Muhammad Bashir, caste Ansari, was found guilty for commission of offence under Section-9(c) of Control of Narcotic Substances, Act, 1997, and was convicted and sentenced to suffer imprisonment, for life, with fine, of Rs, one million, in default of payment of fine, to further suffer, four years RI. Benefit of Section-382-B, Cr.P,C. was extended to appellant from 16th February, 2002. Facts of the case, are that complainant Captain Tanveer Iqbal, Pishin Scouts Chaman, lodged a written report addressed to Assistant Commissioner, Chaman, alleging therein that on 16th February, 2002, at 11:00 a.m., at Cheena cut, their patrolling party saw a vehicle (Pajero), Bearing Registration No, BA-4649, Engine No, 4D56B:-0861, Chases No, CL049WKJ40041, going towards Quetta; on suspicion, patrolling party stopped the said vehicle, and the vehicle was brought at Wing Headquarter, Sheela Bagh. During checking, three hundred kilograms 'Hasheesh', was recovered from said vehicle, which was concealed in secret cavities, and; the said 'Hasheesh' was being taken to Abdul Qadoos son of Muhammad Sher resident of House No, 3-2/44, Natha Singh/Mitha mal Street, Quetta. It was further alleged that said recovered 'Hasheesh' and Vehicle No, BA-4649 alongwith registration papers, were seized under Narcotics Act, and were saved in 56 Wing Headquarter, and; the same will be produced before concerned Customs Court. During search of accused, a pair of cloth and cash amounting to Rs, 7,510/- were recovered. Consequent upon above report, FIR No, 29 of 2002, dated 20th February, 2002 under Section-9 (c) of Control of Narcotics Substances Act, 1997 was registered at Levies Station, Chaman, District Qilla Abdullah.
---
## Page 2
Appellant/convict was challaned before the Court of Special Judge (Narcotics), Pishin. Charge was framed and read-over to the appellant, to which he pleaded not guilty and claimed trial. To substantiate accusation against accused, prosecution produced following evidence:-- PW-1 Captain Tanveer Iqbal, Pishin Scouts.--He deposed that on 16th February, 2002, he received information from FC check-post Garang that a blue colour vehicle, without stopping, has passed the chain; on receipt of information, he proceeded. towards Chaman, at Cheena cut, vehicle was seen by him; the said vehicle was stopped and brought to Shelia Bagh, check-post; on initial checking, twenty nine packets charas was recovered on further suspicion, vehicle and accused present in Court were taken to Wing Headquarter, where on thorough search, three hundred packets of charas in total weighing 300 kilograms, were recovered. After recovery, he took accused to Tehsil Headquarter Chaman, and after preparation of report, accused was handed over to Tehsildar. He produced report (Ex. P/1-A), which bears his signature. Pajero Bearing No, BA-4649 Karachi, was produced as Article-P/1. He produced three hundred packets of charas as Article-P/2. He further deposed that they sent charas to FSL expert, for analysis, from where report was obtained by Headquarter Pishin Scouts, which was handed over to him. Witness produced murasala 56 Wing as Ex: P/1-B and also produced expert's report as Ex. P/1-C. (Defence counsel raised objection that above said documents could only be produced through Investigating Officer, secondly that he had not received copy of said certificate. Objection of defence counsel was kept reserved till final decision, while copy of expert's report was provided to counsel in the Court). Witness identified accused Abdul Qadoos, present in Court. In cross-examination, he stated that since 14th September, 2001, he was posted at Headquarter Pishin Scouts, Chaman. He received information from Naib Subedar Garang, while on messaging on wireless, they do not disclose their names. He admitted that he is not Commanding Officer of Garang check-post, while Sheila Bagh and Garang check-post are supervised by one Commanding Officer. He stated that their Commandant sits in Chaman Headquarter. He showed his ignorance about exact strength of force posted at Garang check-post, at that time. He stated that there is regular chain at Garang check-post. Garang check-post is situated at a distance of about fifteen kilometers from Shelia Bagh, Garang check-post is located at Kozhak top towards Chaman. He stated that he had seized vehicle about ten kilometers towards Sheila Bagh check- post; said vehicle was not being chased by authorities of Garang check-post. He denied that the area where he stopped said vehicle, was not in his command. He did not stop at Cheena cut. He stated that they remained at Sheila Bagh for about one hour. It was stated that their Wing Headquarter is situated at a distance of one kilometer from Sheila Bagh. He stated that at Wing Headquarter, it took about one hour, in conducting search. He kept accused with him till 4:00/5:00 p.m. and took accused alongwith his report to Levies Station, Chaman. Witness stated that the sacks, in which charas was kept, were obtained from Wing Headquarter. He stated that he had not sealed/stamped those sacks. He stated that he had not handed over recovered charas and vehicle to Levies. He did not remember exact time; voluntarily stated that before 4:00/5:00 p.m. he prepared report. He admitted that in his report, he had not disclosed about colour of vehicle. He admitted that in his report, he had not disclosed about receipt of information from Garang check- post. He admitted that in the report, he had not mentioned that on receipt of information, he started proceeding towards Chaman, He admitted that in report, there was no such mention that he had seen the said vehicle coming at Cheena cut. (Comparison was made, entry was made that said vehicle was going at Cheena cut towards Quetta). He stated in the Court that said vehicle was stopped and brought to Sheila Bagh check-post (compared, it was mentioned in the report that patrolling party stopped that vehicle and brought to Wing Headquarter Sheila Bagh); voluntarily stated that he was also present in patrolling party. He admitted that Shelia Bagh check-post and Wing Headquarter, are two different places. He stated that he had not disclosed in report that on
---
## Page 3
initial checking at Sheila Bagh, twenty nine packets of charas were recovered. He denied that the case property, which he produced before the Court, was not charas. On 5th March, 2002, charas was received by Chemical expert. On 21st April, 2002, he received report of FSL, through his Headquarter. He showed ignorance that which person of FC Headquarter, took charas for analysis; voluntarily stated that from Pishin Scouts Headquarter, recovered charas was sent for analysis. He denied that Ex. P/1-C was as wrong certificate. He admitted that in his presence, Syed Abdullah had not signed the said certificate. He denied that on 12th February, 2002, when accused present in Court, was arrested by Sheila Bagh check-post, at that time, he was in possession of foreign house hold articles. Witness denied that on 12th February, 2002, his staff demanded bribe worth Rs, 50,000/-, upon which there was quarrel between accused and his staff. He denied that when he reached Sheila Bagh check-post, he took accused to Wing Headquarter. He denied that there, he detained accused for four days. He showed his ignorance, whether against them, accused had submitted any application to the High officials; voluntarily stated that it is incorrect that they had committed any illegal act with accused. He denied that to show good performance in the department, accused was falsely involved in the case. He denied that the case property, which he had produced before the Court, the same was changed. He denied that they had illegally kept case property, which them. He denied that he had given wrong statement. PW-2 Ehsanullah, Naib Subedar, Sheila Bagh Check-post Chaman. He deposed that on 16th February, 2002 at 11:30 a.m. from Garang check-post, information for holding said vehicle, was received, upon which, he alongwith Captain Tanveer Iqbal and other FC personnel, proceeded towards Chaman, for said vehicle and at Cheena Cut, they saw said vehicle which was coming towards Quetta, vehicle was being driven by accused present in Court, which was taken to Shella Bag check-post and when vehicle was searched, 29 packets of charas Were recovered from both the front doors; after one hour, accused and vehicle were taken to Wing Headquarter and there, search of whole vehicle was conducted, in result whereof; three packets of charas, weighing 300 kilograms, were recovered. Captain Tanveer Iqbal wrote a murasla, on which he also signed as witness. He identified murasla (Ex. P/1-A), which bears his signature, he also identified vehicle (Article-P/1) and 300 kilograms charas (Article-P/2), to be the same. He identified accused present in the Court, from whose possession, 300 'kilograms charas was recovered. In cross-examination, he stated that since 1 year, he is performing his duty at Sheila Bagh check- post and never remained posted at Garang check-post. Post Commander Garang check-post, Naib Subedar Allah Baldish informed them on wireless, which was received by Captain Tanveer Iqbal, soon after receipt of this information, they proceeded. It was further stated that their strength was five and at the check-post, twenty five persons, perform duty. Witness stated that Cheena cut is situated at a distance of about six/eight kilometers from their check-post. On 21st February, 2002, Tehsildar had recorded his statement, wherein he disclosed that during search at Sheila Bagh check-post, twenty nine packets of charas were recovered from both front doors (compared, but not found so). He stated that he signed report (Ex. P/1-A), after its perusal. He denied that whatever he stated in Court, was not mentioned in Ex. P/1-A. He stated that Tehsildar recorded his statement at Sheila Bagh check-post. He stated that in his statement under Section 161, Cr.P.C., he had stated that after on hour, vehicle and accused were taken to Wing Headquarter, where, on thorough search, 300 kilograms charas was recovered. (Compared, there was no such mentioned in the statement regarding taking of vehicle and accused to the Wing Headquarter). He denied that in his presence, each packet of charas was not weighed. He stated that he his not qualified trainee of analysis; voluntarily stated that usually, after seizing charas, they can easily identify charas. He denied that charas from each packet was not shown to him, when charas was seized, the same was sealed with polythene and it was denied that thereafter packets of charas, were remained sealed. He admitted that the sacks were not sealed, in which, material was kept and denied that
---
## Page 4
sealed material was not the same. He denied that on 16th February, 2002, neither Tanveer Iqbal was present at Check-post, nor they had received any information regarding arrival of any vehicle. He deniqd that neither they went to Cheena cut, nor brought the accused alongwith his vehicle. He denied that at Shella Bagh check-post, 29 packets of charas, had not been recovered from the vehicle, nor on thorough search at Wing Headquarter, any charas was recovered. He denied that on 12th February, 2002, accused was arrested when he was having house-hold articles, in his vehicle. He denied that they demand Rs, 50,000/- from accused. He denied that on 12th February, 2002, one Syed Shehzad Hussain was also boarded with accused in the said vehicle. He denied that accused was subjected to torture by them and then Captain Tanveer Iqbal, took him to Wing Headquarter. He denied that in night, companion of accused was released. He denied that they kept accused in custody for four days and thereafter, handed over to Tehsildar. He denied that he deposed against accused, for the reason that accused submitted application to high officials, against their illegal act. He denied that they registered a false case of charas against accused. He denied that he has made wrong statement. PW-3 Nazar Hussain, Tehsildar, Chaman. He appeared and deposed that on 20th February, 2002, on the report of Captain Tanveer Iqbal, FIR No, 29/2002 (Ex. P/3-A), was registered against accused present in Court. He identified his signature on FIR, thereafter, proceeded to place of occurrence i,e, Kozhak mountain and prepared site-plan (Ex. P/3-B), he produced the same, bearing his signature. Witness further deposed that he had recorded statements of prosecution witnesses i,e, Ehsanullah and Captain Tanveer Iqbal, thereafter FC had handed over custody of accused to him. It was further deposed that after completion of investigation, witness prepared challan (Ex. P/3-C), which bears his signature. Witness identified accused present in the Court. In cross-examination, he stated that in Column No, 5 of FIR, mentioning of high officials means that after consultation with D,C.O. and Colonel Samar, he had registered FIR. He stated that he had pr9ceeded to place of occurrence on 20th February, 2002. It was stated that with regard to point "2 (C)" (Ex. P/3-B), FC officials had informed him; voluntarily stated that he did not know name of concerned officials. Witness stated that on 21st February, 2002, at Sheila Bagh, statements of witnesses Ehsanullah and Tanveer Iqbal, were recorded by him. He further stated that witness Ehsanullah did not tell him that during checking at Sheila Bagh check-post, 29 packets of charas were recovered from front doors of vehicle, it was further stated that witness Ehsanullah had not stated him that after one hour accused and vehicle were shifted to Wing Headquarter and there on thorough search, 300 kilograms charas, was recovered. He admitted that case property was not handed over to him. It was further stated except FIR, recovery memo or anything was not handed over to him. He denied that he had submitted wrong challan against accused. In his statement, recorded under Section-342, Cr.P.C., appellant/conviction pleaded his innocence, he had also recovered his statement on oath under Section-340(2), Cr.P.C. and; deposed that in Quetta, he used to work as property and car dealer. On 11th February, 2002, in connection with marriage of his sister, in his private vehicle (Pajero-jeep) Bearing No, BA-4946, he went to Chaman, for buying house-hold articles, witness Shehzad Hussain had also accompanied him; on the following day i,e, 12th February, 2002, after buying house-hold articles, he alongwith Shehzad departed for Quetta in his vehicle. Accused further deposed that when they reached Garang check-post, after search, they were allowed to go, thereafter, when they reached Sheila Bag check- post, during search, FC personnel got down upon, his house-hold articles, upon there was some quarrel, after that, Captain Tanveer Iqbal, took him and his companion alongwith vehicle to Sheila Bag FC Headquarter, where FC personnel demanded Rs, 50,000/- and then Rs, 30,000/- while he had no money. It was deposed that FC personnel left his companion Shehzad for bringing money, upon which; his brother came to Shella Bagh Headquarter and requested FC authorities, for his release, but; FC authorities after four days, without any reason, handed him over to Levies Chaman,
---
## Page 5
where he was further remained in detention for four days, and; thereafter, he was produced before Judicial Magistrate. The Magistrate did not ask anything from him and signed documents and again, his custody was given to Levies. Accused deposed that Levies authorities had tortured him and without his production, further remand was obtained, and, thereafter he was shifted to Pishin Jail. Accused further deposed that he submitted application to Inspector General, FC and disclosed the real story, upon which, no action was initiated, despite that, his brother and witness Shehzad were pressurized. He produced application (Ex. D/1-A) dated 8th April, 2002, copy of which bears his signature. He deposed that no charas was recovered from him and he has been falsely involved in the case. In cross-examination, he admitted that buying articles, for which he went to Chaman, were also available at Quetta; voluntarily stated that in Chaman, rates of those articles, were cheaper. He admitted that during investigation or hearing of case, he had not produced any evidence, regarding marriage of his sister; voluntarily stated that he had told to Investigating Officer. It was stated that witness Shehzad is his friend, He admitted that prior to incident, he had no enmity against FC authorities. He admitted that prior to that, he was not known to FC authorities. He denied that FC authorities of Garang check-post, signalled him to stop, but he had passed by breaking the chain. He denied that FC authorities in between Sheila Bagh and Garang check-posts, over- powered him while coming in his vehicle. He denied that FC authorities had brought him to Sheila Bagh check-post, where during search, charas was recovered from his vehicle. He denied that he alongwith his vehicle were taken to Sheila Bagh Headquarter, where; on thorough search, 300 kilograms charas was recovered from different cavities of his vehicle. He denied that when he was arrested, he was alone in his vehicle. He denied that Levies authorities had not tortured him. He denied that his Levies remand was legally obtained. He admitted that Levies authorities had no enmity with him. He denied that on 11th February, 2002, he alongwith witness Shehzad had not gone to Chaman for buying dowry articles of his sister's marriage. He denied that on 12th February, 2002, he had not returned to Quetta with Shehzad nor FC authorities got down his house-hold articles. He denied that neither he quarreled with FC authorities nor they demanded money from him. He denied that FC authorities had never kept Shehzad with him and he was released for bringing money. He denied that FC authorities after detaining him for four days, without any reason, had not handed over his custody to Levies. He denied that he had not submitted any application to Inspector General FC. He denied that FC authorities had never pressurized his brother and witness Shehzad. He denied that he deals in business of charas. He also denied that on the day of occurrence, he in his vehicle, was transporting recovered charas to Quetta. He denied that he made wrong statement. Appellant in defence, produced following evidence:-- DW-1 Shehzad son of Syed Shaukat Hussain appeared and deposed that on 11th February, 2002, accused (Abdul Qadoos) present in Court came to him asked to accompany him to Chaman and told that from Chaman, he had to buy goods for marriage of his brother and sister; on the same day, he alongwith accused went to Chaman, where they met with two friends of accused with whom they went to Afghan border, from where, accused bought goods and on return to Chaman, they went to the house of accused's friend namely Haji. Witness deposed that after taking lunch, in accused's vehicle (Pajero), they departed for Quetta. On 12th February, 2002, when they reached Sheila Bagh check-post, FC authorities stopped the vehicle, thereafter, FC authorities took accused aside and after some time he quarreled with FC authorities, then they were taken to FC fort. Witness deposed that he was made sit outside for two hours, while accused present 41 Court was inside the FC fort; after two hours, one FC person enquired biro about cash amount, which on checking was six/seven thousand rupees, then; he told him that accused present in Court has stated him to bring Rs, 50,000/- from Quetta, on the same day witness reached Quetta and told accused's brother to
---
## Page 6
arrange money, thereafter, witness went to his house. It was further deposed that after ten/fifteen days, brother of accused met him and told that FC authorities had made a case against accused; accused's further told that FC authorities were also searching him. Witness deposed that no Charas was recovered from accused and he has been falsely involved in the case. In cross-examination, witness stated that he did not remember number of the vehicle. He stated that he does not know names of those two friends of accused, who met him in Chaman. Prior to that, once or twice he alongwith accused present in Court, had gone to Chaman. He showed ignorance that before Sheila Bagh check-post, FC check-post Garang is also located; voluntarily stated that there were several check-posts in the way. He denied that when authorities of Garang check-post signalled them to stop, they broke the chain and escaped.' He denied that authorities of Garang check-post informed Sheila Bagh FC authorities about their escape, upon which, FC authorities in the way over-powered accused alongwith vehicle and had taken to Sheila Bagh check-post. He denied that during checking at Sheila Bagh check-post and Sheila Bagh FC fort, 300 kilograms of charas was recovered from the vehicle of accused. He stated that he could not tell name of FC person, who had quarreled with accused; voluntarily stated that on seeing he could identify him, who was a Captain. He admitted that he had not submitted application to high officials, with regard to accused or against FC authorities. According to witness, prior to occurrence, FC authorities had enmity with accused. He admitted that after arrest of accused, he had not gone to Sheila Bagh check-post or Levies Station, Chaman for meeting accused; voluntarily stated the in Pishin Jail, he met accused once or twice. He admitted that prior to occurrence, he or accused had not quarreled with FC authorities, He denied that on 11th February, 2002, neither he alongwith accused went to Chaman nor in connection of marriages of his brother and sister, accused bought goods. He denied that on 12th February, 2002, he alongwith accused in his vehicle, had not proceeded from Chaman to Quetta. He denied that when FC authorities arrested accused, he was not present there. He denied that FC authorities had not told him to bring money. He denied that he had not told brother of accused for arrangement of Rs, 50,000/-. He denied that charas was recovered from accused, on account of which, present case was made against him. He denied that accused was not falsely involved in the case. He admitted that after the incident, neither he met with FC authorities, nor they met with him; voluntarily stated that while he was at Karachi, for his enquiry, FC authorities came to his maternal uncle's house at Fatima Jinnah Road. He stated that he has six/seven years' friendship with accused. He denied that due to friendship, he made statement in favour of accused. He denied that he had made false statement. DW-2 Muhammad Yaqoob son of Muhammad Bashir deposed that his brother (accused present in Court) is a car dealer in Karachi. On 11th February, 2002, accused alongwith witness Shehzad in his vehicle went to Chaman for buying goods of marriage for witness and his siter, and; on 12th February, 2002, at 10:30 p.m. Shehzad came to their house and told him that FC authorities had arrested Abdul Qadoos (accused); he told him to arrange money and to deliver there; on the following day, he arranged Rs, 13,000/- and went to Shella Bagh Headquarter, where he met on Subedar, who arranged short meeting of accused with him. Witness further deposed that his brother told him that FC authorities had unloaded marriage articles and were demanding money; he met with Captain, but the amount he had, was refused as insufficient, and; told that they will involve accused in a case under Customs Act, thereafter; witness went to Quetta and submitted an application to Inspector General FC against authorities of FC; voluntarily stated that no legal action was taken on the same, but; FC authorities had harassed him and once they had taken him from his shop to a camp situated at Chaman road and after threats, he was released. Witness deposed that FC authorities enquired him about witness Shehzad. It was further deposed that he again submitted application to high officials of FC, regarding attitude of FC authorities, but without any fruitful result. Witness produced photocopy of application (Ex. D/2-A), which bears his signature.
---
## Page 7
Witness deposed that his brother has been falsely involved in the case. In cross-examination, witness showed his ignorance about duration of friendship between his brother and Shehzad; voluntarily stated that usually he had not…
Read the unabridged text and precedent citation network on Al Wakeelo Legal Research Platform.