Conviction for Narcotics Substance Cases and Lenient View

Conviction for Narcotics Substance Cases and Lenient View Case Laws Criminal Appeal Criminal Law Knowledge - Criminal Law Lahore High Court Lenient view Litigation & Arbitration Narcotics Solutions - Criminal Law Ms. Justice Alia Neelum in her judgment has decided the issue regarding conviction for narcotics substance cases and lenient view in Criminal Appeal No. 788 of 2010.

1. Muhammad Esa son of Ghulam Nabi, caste Joyia, aged 54 years, resident of Phathi Joyianwali, Police Station Piplan, Tehsil Piplan, District Mianwali, the appellant was involved in case F.I.R. No.300 dated 07.12.2008, offence under Section 9 (c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Piplan, District Mianwali and was tried by the learned Addl. Sessions Judge/Special Court (CNSA), Mianwali. The learned trial court seized with the matter in terms of judgment dated 15.03.2010 convicted the appellant under Section 9 (c) of the Control of Narcotic Substances Act, 1997 and sentenced him to undergo for four years imprisonment with direction to pay Rs.30,000/-as fine and in case of default thereof, further undergo Simple Imprisonment for six months. The benefit of Section 382-B, Cr.P.C was also extended in favour of the appellant.

2. Feeling aggrieved by the judgment of the learned trial court, Muhammad Esa, appellant assailed his conviction through filing of the instant Criminal Appeal.

3. The prosecution story as alleged in the F.I.R (Exh.PA/1) lodged on the complaint (Exh.PA) of Raza Ullah Khan, Inspector/SHO (PW-5) is that on 07.12.2008 he along with Muhammad Asghar, SI, Salah Muhammad, SI, Muhammad Asghar, Eid Muhammad,. Ghulam Hussain, Umar Hayat and Muhammad Aslam, constables was present at Phathi Joyianwali. At about 11.30 p.m. he received spy information that accused Muhammad Esa was narcotic seller and is present in front of his house on his motorcycle. The complainant along with the police party conducted raid at the accused but he ran away while leaving the motorcycle on seeing the police party. A shopper was hanging with the safeguard of motorcycle which contained Charas weighing 1038 grams. Out of the recovered narcotic substances, the complainant separated 10 grams Charas for onwards transmission to the office of chemical examiner for analysis. The samples and the remaining quantity of Charas were converted into separate sealed parcels and took the same along with the motorcycle No.3953/MI into possession vide recovery memo (Exh.PB) which was attested by Saleh Muhammad, SI (PW-4) and Muhammad Ashraf 848/C (given up PW). The complainant (PW-5) drafted the complaint (Exh.PA) and sent the same to the Police Station for registration of formal F.I.R. (Exh.PA/1).

4. At the time of conducting the raid, the accused was standing in front of the room. The doors of the said room were open. The said room was not residential and there was no residential abadi around the said room. The Investigating Officer searched the said room and recovered deck, tape-recorder along with CD (thee pieces), one small TV and one helmet which he took the same into possession under section 550 Cr.P.C. vide recovery memo (Ex.PD) which is attested by Saleh Muhammad SI (PW-4) and Muhammad Ashraf 848/C (given up PW).

5. Thereafter the complainant/Investigating Officer searched for the accused but he was not available. On 13.12.2008 he filed the application (Ex.PE) before the learned Illaqa Magistrate for issuance of non-bailable warrants of arrest of the accused which was allowed vide order (Ex.PE/1). He entrusted the warrants of arrest to Muhammad Ashraf 848/C (given up PW) but the accused could not be arrested. On 19.12.2008 the Investigating Officer filed application (Ex.PF) before the learned Illaqa Magistrate for service of the accused through proclamation which was allowed on which proclamation was entrusted to Muhammad Ashraf 848/C for execution. However, accused did not appear despite his service through proclamation and he prepared the challan under section 512 Cr.P.C. and submitted the same in the court. The accused filed his pre-arrest bail petition which was rejected on 30.1.2009 upon which the Investigating Officer arrested Muhammad Esa, appellant.

6. The Investigating Officer, on the day of occurrence, reached in the police station and handed over two sealed parcels, one sample parcel of Charas and the other parcel of remaining Charas to Hameed Ullah 731/HC (PW-1), Moharrar for safe custody which he kept in the Malkhana. On 18.12.2008 he (PW-1) handed over the sealed sample parcel of Charas to Muhammad Arshad 1333/C (PW-2) for onward transmission to the office of Chemical Examiner, Rawalpindi. Having found the accused guilty, the Investigating Officer prepared report under Section 173 Cr.P.C., while placing the name of the accused in Column No.3 of the Challan and sent the same to the court of competent jurisdiction.

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