Connection of Case Property – Narcotics Substance with Accused

Connection of Case Property - Narcotics Substance with Accused Benefit of doubt Case Laws Criminal Appeal Criminal Law Knowledge - Criminal Law Lahore High Court Litigation & Arbitration Narcotics Sec 342 Cr.PC Solutions - Criminal Law Ms. Justice Alia Neelum in her judgment has decided the issue regarding connection of case property – narcotics substance with accused in Criminal Appeal No. 479 of 2015.

1. Muhammad Sajid son of Zia Ullah, Caste Pathan, resident of Haiderabad, District Bhakkar, the appellant was involved in case F.I.R. No.339 of 2013, dated 24.12.2013, offence under Section 9 (C) of the Control of Narcotic Substances Act, 1997, registered at Police Station Kundian, District Mianwali and was tried by the learned Additional Sessions Judge/Special Judge CNSA Court, Piplan. The learned trial court seized with the matter in terms of judgment dated 25.02.2015, convicted the appellant under Section 9 (C) of the Control of Narcotic Substances Act, 1997 and sentenced him to undergo imprisonment for six years R.I with the direction to pay Rs.50,000/- as fine and in case of default thereof, further undergo Simple Imprisonment for five months. The benefit of Section 382-B of Cr.P.C was also extended in favour of the appellant.

2. Feeling aggrieved by the judgment of the learned trial court Muhammad Sajid-the appellant assailed his conviction through filing of the instant appeal.

3. The prosecution story as alleged in the F.I.R (Ex.PB) lodged on the complaint (Ex.PA) of Akhtar Nawaz Khan-Inspector/SHO (PW-3) is that on 24.12.2013 at about 2:20 p.m, he along with Farooq Ahmad Khan, SI, Muhammad Farooq, ASI, Shafiq-ur-Rehman 782/C, Atta Muhammad 473/C, Liaqat Hayat 951/HC and Muhammad Farman 1491/C was on patrolling duty at Railway Bridge of Thal Canal Kundian. In the meanwhile, two persons riding on a Honda Motorcycle appeared on the site and they turned back on seeing the police party but the police started to chase them. The accused entered into the Jungle to conceal themselves, left their motorcycle and started to run away but one of them was apprehended by the SHO with the help of other police officials, whose name was later on, known as Sajid Khan son of Zia Ullah Khan. On his personal search, three packets of charas (P-1), which was fastened with his belly under his shirt were recovered, which was taken into possession through recovery memo (Ex.PC) and each packet was found one kilogram. Out of the recovered substance, 10-grams ‘Charas’ was separated from each packet for chemical analyses and made into a sealed parcel. On further personal search of appellant, the Investigating Officer recovered two gold rings (P-2/1 to 2), one mobile phone set (P-3), I.D Card of the appellant (P-4), belt (P-5) vide recovery memo (Ex.PD) and Honda Motorcycle (P-6) through recovery memo (Ex.PE). The complainant (PW-3) drafted the complaint (Ex.PA) and sent the same to the Police Station through Muhammad Farman 1491/C for registration of formal F.I.R. (Ex.PB).

4. Thereafter, the investigation was conducted by Farooq Ahmad Khan, S.I, (PW-4), who recorded the statements of the prosecution witnesses under Section 161 Cr.P.C and prepared the rough site plan of the place of recovery (Ex.PF). Having found the accused guilty, the Investigating Officer prepared incomplete challan, while placing the name of the accused in Column No.3 and sent the same to the court of competent jurisdiction.

5. The learned trial court formally charge sheeted the appellant on 07.02.2014, to which he pleaded not guilty and claimed trial. The prosecution in order to advance its case, produced as many as four witnesses. Atta Muhammad 473/C (PW-1) has deposed that on 29.12.2013, Sher Muhammad 445/MHC handed over to him three sealed parcels said to contain charas for onward transmission to the Office of Chemical Examiner, Lahore and he deposited three sealed parcels in the said office on the following day intact, whereas Sher Muhammad 445/HC (PW-2) has stated that on 24.12.2013, he was posted at P.S Kundian as MHC/Duty Officer. On the same day, Akhtar Nawaz Khan, Inspector/SHO (PW-3) sent a written complaint (Ex.PA) through Muhammad Farman 1491/C and he on the basis of the same, chalked out the formal FIR without any addition or omission. On the same day, Farooq Ahmad Khan SI (PW-4) handed over to him four sealed parcels said to contain charas along with other case property for keeping in “Malkhana” for safe custody and on 29.12.2013, he handed over three sealed parcels to Atta Muhammad 473/C (PW-1) for onward transmission to the office of Chemical Examiner, Lahore. Akhtar Nawaz Khan, Inspector/SHO (PW-3) was the complainant of the case, whereas Farooq Ahmad Khan, SI (PW-4) was the Investigating Officer of the case.

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