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Petitioner: MUHAMMAD SALEEM VS Respondent: StateHonorable Justice ALI NAWAZ CHOWHANNemo
2008 Y L R 1180
2008 Y L R 1180
[Lahore]
Before Ali Nawaz Chowhan and Rustam Ali Malik, JJ
MUHAMMAD SALEEM---Appellant
Versus
THE STATE---Respondent
Crl. Appeal No.620 of 2002, heard on 16th February, 2004.
Control of Narcotic Substances Act (XXV of 1997)---
---S. 9(b)---Appreciation of evidence---Sentence, reduction in---Only 300 grams "Charas" was recovered from the accused---Keeping in view the socio economic conditions possibility was that the same might have been kept by the accused for his personal consumption---Prosecution witnesses were all police officials---Small quantities of "Charas" were also planted by the local police because of their ulterior motives---Accused had already suffered the rigours of the trial and detention in jail for a sufficiently long time---Conviction of accused was maintained, but his sentence of two years R.I. was reduced to imprisonment already undergone by him with substantial reduction in fine in circumstances.
Nemo for Appellant.
Sardar Zahid Gul for the State.
Date of hearing: 16th February, 2004.
JUDGMENT
ALI NAWAZ CHOWHAN, J.---Muhammad Saleem son of Muhammad Javed appellant was convicted under section 9-B of the Control of Narcotic Substances Act, 1997 by the learned Additional Sessions Judge/Special Judge, Kasur vide judgment, dated 19-4-2002 in case F.I.R. No.430, dated 20-10-2001 registered at Police Station Raiwind Saddar District Kasur and, sentenced to two years' R.I. with fine of Rs.10,000 in default whereof to further undergo six months' R.I. He was given the benefit of section 382-B, Cr.P.C.
2. Briefly the prosecution case as put in the F.I.R. Exh. P. A./1 is that on 20-10-2001 at 2-20 p.m. on a spy information Muhammad Yasin S-I. along with other police officials apprehended Muhammad Salim accused and on his personal search 300 grams Charas wrapped in a polythene shopper was recovered from his right pocket of shirt out of which 10 grams Charas was separated for chemical analysis.
3. The prosecution examined as many as four witnesses to prove its case. Khalid Pervaiz HC/155 who recorded formal F.I.R. Exh.P.A./1 on the basis of complaint Exh.P.A. appeared as P.W.I. Muhammad Tariq P.W.2 transmitted the sealed parcel said to contain Chars to the office of Chemical Examiner, Lahore. Muhammad Yasin S-I. P.W.3 reiterated the version of the F.I.R. and testified the recovery of Charas vide recovery memo. Exh. P.B. Miran Baldish S-I. P.W.4 investigated the case and prepared the site plan Exh.P.C. The learned D.D.A. after tendering in evidence report of Chemical Examiner Exh.P.D. closed the case for prosecution whereafter the accused was examined under section 342, Cr.P.C. He denied all the allegations and recovery of narcotics. He neither opted to appear as his own witness under section 340(2), Cr.P.C. in disproof of the prosecution allegations nor he produced any defence evidence.
4. The witnesses here are all officials. Only 300 grams Charas was recovered. Keeping in view our socio economic conditions the possibility is that this may have been for his personal consumption. At the same time we may not forget that small quantities of Charas are planted by the local police because of their ulterior motives. He has already suffered the rigours of trial prior to 19-4-2000 when the judgment was announced and he was taken into custody until his sentence was suspended on 13-6-2002. We, therefore, reduce his sentence to already under-gone and also reduce the fine to Rs.1000 in lieu thereof he is to suffer S.I. for 15 days.
N.H.Q./M-267/L Sentence reduced.