18/04/2026
2026 P Cr. LJ 317
[Lahore]
Before Farooq Haider and Ali Zia Bajwa, JJ
ZEESHAN---Appellant
versus
The STATE and others---Respondents
To Criminal Appeal No. 70533 of 2022, decided on 23rd October, 2025.
(a) Control of Narcotic Substances Act (XXV of 1997)---
..-Ss. 9(b) & 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of the case property not proved---Prosecution case was that 25000-grams chars in 23 packets and 16000-grams o***m in 16 packets were recovered from secret cavities of vehicle driven by accused---Record showed that complainant of the case categorically stated that he on 20.01.2021 after receiving the case property from Moharrar deposited the same in Maalkhana Saddar---Similarly, Moharrar of the Police Station stated that on 20.01.2021, he handed over remaining case property to complainant of the case for depositing the same in Malkhana Saddar---However, prosecution had not produced Incharge of Maalkhana Saddar or any other official from there to prove that remaining case property was received or kept over there in safe custody and this fact had been fairly conceded even by the Prosecutor after going through the record---In such circumstances, "safe custody" of the "parcels of remaining case property" had not been proved by the prosecution---Unbroken chain of safe custody of "allegedly recovered case property and parcels of samples" was to be proved, otherwise conviction was not possible and it was rightly so because recovery of narcotic was a mere corroboratory ece of evidence rather it constituted the offence itself and entailed punts. ment---However, conviction recorded against the appellant regarding haras and o***m under S.9(c) of the Control of Narcotic Substances Acı, 1997, was maintained to the extent of charas whereas it was converted to conviction under S.9 (b) of the Act ibid to the extent of o***m---Thus, as per the sentencing policy, the appellant was sentenced to R.I. for 01 year and 08 months along with fine of Rs.7,000/- for recovery of 797.32 grams o***m whereas for recovery of 1256.95 grams charas he was sentenced to R.I. for a period of 04 years and 06 months with fine of Rs.20,000/---With said modification in sentence, appeal against conviction was partly allowed. [pp. 321, 322, 327] A, B, C & E
The State through Regional Director ANF v. Imam Bakhsh 2018 SCMR 2039; Abdul Ghani and others v. the State and others 2019 SCMR 608; Muhammad Hazir v. The State 2023 SCMR 986; Asif Ali and another v. The State through Prosecutor General Punjab 2024 SCMR 1408; Sarfraz Ahmed v. The State 2024 SCMR 1571 and Muhammad Iqbal v. The State through P. G Sindh 2025 SCMR 704 rel.
(b) Control of Narcotic Substances Act (XXV of 1997)---
----Ss. 9(b) & 9(c)---Passession of narcotic substance---Appreciation of evidence---Chain of safe custody of the sample of parcel of narcotic substances from the place of recovery to the laboratory for analysis proved---Prosecution case was that 25000-grams chars in 23 packets and 16000-grams o***m in 16 packets were recovered from secret cavities of vehicle driven by accused---Statements of the complainant, Investigating Officer and recovery witness showed that the chain of safe custody of the parcels of samples of recovered narcotic substances from the place of recovery to the office of Forensic Science Agency, was completed---Moreover, report of Forensic Science Agency produced in the case, reflected that complainant deposited the parcels of samples on 22.0 021 in said office, and as per the report, charas and o***m were confirmed in said samples and total net weight of 25-parcels of samples of charas was calculated as "1256.95-grams" whereas net weight of 16-parcels of samples of o***m was calculated as "797.32-grams"---All the recovery witnesses of the prosecution had duly supported the case of the prosecution to said extent through their statements recorded before the Court---Credit of the testimonies of said witnesses could not be impeached to said extent---Thus, the recovery as well as safe custody of charas and o***m upto the extent of 1256.95-grams charas and 797.32-grams of o***m, which were secured as samples through parcels and sent to the Forensic Science Agency, had been proved against the appellant beyond shadow of doubt through cogent evidence for the purpose of conviction and sentence of the appellant---Resultantly, conviction recorded agat against appellant regarding charas and o***m under S.9(c) of the Controid not Narcotic Substances Act, 1997, was maintained to the extent of charant whereas it was converted to conviction under S.9 (b) of the Act ibid to the extent of o***m---Thus, as per the sentencing policy, the appellant was sentenced to R.I. for 01 year and 08 months along with fine of Rs.7,000/- for recovery of 797.32 grams o***m whereas for recovery of 1256.95 grams charas he was sentenced to R.I. for a period of 04 years and 06 months with fine of Rs.20,000/----With said modification in sentence, appeal against conviction was partly allowed. [pp. 324, 327] D & E
Khuda Bakhsh v. The State 2025 SCMR 735 rel.
Date of hearing: 23rd October, 2025.
JUDGMENT
FAROOQ HAIDER, J.---This appeal has been filed by Zeeshan (appellant) against the judgment dated: 12.10.2022 passed by learned Additional Sessions Judge, Chiniot, niot, whereby in case arising out of FIR No.52/2021 dated: 19.01.2021 registered under Section: 9 (c) of the Control of Narcotic Substances Act, 1997 at Police Station: City Chiniot, trial court has convicted and sentenced the appellant as under:-
1997 under Section 9 (c) of Control of Narcotic Substances Act,
to Rigorous Imprisonment for 14-years with fine of Rs. 100,000/-and in default thereof, to further undergo. S.I for 06-months. Benefit of Section 382-B Cr.P.C. was also extended to the appellant.
2. Briefly, as per case of prosecution narrated in the Crime Report (FIR/Ex.PC/1), on the spy information, a Pickup Wagon bearing No. LES/2983 coming from the side of Pindi Bhattian towards Chiniot was halted from which the driver/appellant was apprehended by the complainant and other police officials and two packets of charas wrapped in yellow coloured tape were recovered from his lap; on further query, he after taking chabi )عالی( from the dashboard of the wagon also got recovered twenty three packets of charas wrapped in yellow coloured tape and sixteen packets of o***m wrapped in yellow coloured tape from secret cavities of the vehicle; recovered packets of charas and o***m were weighed on computerized scale and each packet of charas was found weighing 1000-grams (total charas weighing 25000-grams) and each packet of o***m was found weighing 1000-grams (total o***m weighing 16000-grams); out of the recovered charas, 50. grams charas from each packet was separated as sample and secured into 25. sealed parcels whereas 50-grams o***m from each packet was separated as sample and secured into 16-sealed parcels with the stamp of "NK"; on further search, mobile phone, coloured copy of his I.D. card and cash Rs. 1500/- were recovered from possession of the appellant; parcels of charas and o***m along with recovered cash, mobile phone, coloured copy of ID, card, chabi )عالی( and aforementioned vehicle were taken into possession through recovery memos Ex.P.A. and Ex.P.B.; for ready reference, relevant portion of the Crime Report (F.LR./Ex.PC/1) is hereby
scanned below: -
استغاثه زیر دفعہ 9C/CNSA امروز وقت - 3 بجے دن من ASI مع فضل عباس 907/C احمد شیر C1680 ' اظہر قیوم 1196/C ملازمان کے بسواری سرکاری گاڑی نمبری CTG112 ڈرائیور رضوان علی 393/DC بسلسله گشت تحصیل چوک موجود ہوں کہ مخبر نے اطلاع دی کہ ایک شخص جو کہ پک اپ دیگن نمبری 2983/LES پر منشیات لیکر پنڈی بھٹیاں کی جانب سے چنیوٹ کی طرف آرہا ہے اگر فوری ناکہ بندی کی جاوے تو پکڑا جا سکتا ہے اور بھاری مقدار میں منشیات برآمد ہوسکتی ہے تو مخبر کی اطلاع پر ہمراہی ملازمان کو درست طور پر بریف کر کے ہمراہ لیکر فوری طور پر چونگی لاہور روڈ بوقت 3/10 بجے دن پہنچا اور سرکاری گاڑی کو دوکانوں کی آڑ میں کھڑا کر کے ناکہ بندی کی گئی تو 10 منٹ بعد دیکن نبری 2983/LES برنگ سفید سوزو کی یک اپ جو کہ پنڈی بھٹیاں کی طرف ۔ کو با امداد امرائیاں کے روک کر دیکن میں ایک شخص جو کہ دیگن کو چلاتا ہوا آیا جس کو قابو کر لیا جس کا دریافت پر نام و پستہ ڈیٹا سلم قوم اعوان سکنہ سنگ جانی تھا نہ ترنول اسلام آباد معلوم ہوا جس کی گود میں سے 2 پیکٹ چرس پہلی ٹیپ میں لیٹی ہوئی برآمد ہوئی جس سے مزید دریافت عمل میں لائی جس نے کافی غلط بیانی کے بعد بتلایا کہ وہ اس علاقہ میں منشیات از قسم چرس اور افیون سپلائی کرتا ہے اور یہی اس کا ذریعہ معاش ہے آج بھی چرس اور افیون سپلائی کرنے کی خاطر جھنگ جارہا تھا جبکہ مزید چرس اور افیون ویگن کے خفیہ خانہ میں چھپائی ہوئی ہے جو برآمد کروادیتا ہوں مذکورہ نے دیکن کے ڈیش بورڈ میں سے چابی نکال کر اپنے بیان کی تائید میں از دست خود و یکین کے کیبن کے پچھلے حصہ میں پلیٹ کھول کر خفیہ خانہ سے 23 پیکٹ چرس پیلی ٹیپ میں لپٹی ہوئی اور 16 پیکٹ افیون پیلی ٹیپ میں لپٹی ہوئی بر آمد کروائی برآمدہ چرس اور افیون کے پیکٹ ہائے بذریعہ کمپیوٹر وزن کرنے پر فی پیکٹ چرس 1000/1000 ٹوٹل 25000 گرام اور افیون نی پیکٹ 1000/1000 گرام ٹوٹل 16000 گرام ہوئی برآمدہ چرس کے ہر پیکٹ میں سے 50/50 گرام اور برآمدہ افیون کے ہر پیکٹ میں 50/50 گرام برائے نمونہ برائے PESA لاہور علیحدہ نکال کر چرس کے 1 تا 25 پارسل المقدمہ اور 1 تا 25 پارسل نمونہ اور افیون کے 1 تا 16 پارسل المقدمہ اور 1 تا 16 پارسل نمونه سر بمہرا کی NK سے تیار کے مذکورہ ملزم کی جامہ تلاشی لینے پر جس کی بائیں بغلی جیب میں سے ایک عدد موبائل فون از قسم نوکیا شناختی کارڈ کی رنگین فوٹو کاپی از ان ملزم اور رقم یہ 1500 روپے 3/3 نوٹ 500 والے برآمد ہوئے پارسل ہائے چرس و افیون اور رقم مو بائل وشناختی کارڈ کی رنگین فوٹو کاپی اور چابی اور دیگن پک اپ نمبری 2983/LES علیحدہ علیحدہ بذریعہ فردات قبضہ پولیس میں لیکر تحمیل فردات کی ملزم مذکورہ نے چرس اور افیون برائے فروخت و سپلائی اپنے قبضہ میں رکھ کر ارتکاب جرم 9C/CNSA کا کیا ہے۔ لہٰذا استفادہ بجرم مذکور بغرض اندراج مقدمہ مرتب ہو کر بدست اظہر قیوم 1196/C ارسال تھانہ ہے مقدمہ درج کر کے تفتیش عقب انچارج NIU سرکل سٹی بھجوائی جاوے میں معہ ہمراہی ملازمان کے موقع پر موجود ہوں ۔ دستخط بحروف اردو نصر اللہ خان DKIC ASI تھا نہ سٹی چنیوٹ 19.01.2021 از چونگی لاہور روڈ بوقت 55/ 5 بجے شام - از تھانہ حسب آمد استغاثہ پر رپورٹ ابتدائی اطلاعی ہذا بجرم مذکور مرتب کر کے نقل مثل پولیس بمراد تفتیش بدست ارنده النشمیل عقب سرفراز خان SIINIU سٹی سرکل چنیوٹ بھجوائی جارہی ہے۔ اطلاع مقدمہ ہذا جناب SHO صاحب کو دی گئی ہے۔
After investigation, challan report was sent to the Court against the appellant, charge was framed against him, to which he pleaded not guilty; prosecution produced its evidence. Trial court recorded statement of the appellant under Section: 342 Cr.P.C. wherein he refuted allegations levelled against him; he did not record his statement under Section: 340 (2) Cr.P.C., however, produced some documentary evidence in his defence; then trial court after hearing learned counsel for the parties, passed the impugned judgment, whereby appellant was convicted and sentenced as mentioned above.
3. Learned counsel for the appellant, at the very outset, submits that he neither presses instant appeal nor challenges the impugned judgment to the extent of quantity of narcotic substances sent in parcels of samples to the office of Punjab Forensic Science Agency, Lahore in this case and even he has no objection on recording conviction and awarding sentence to the appellant in said regard; however, he submits that since safe custody of remaining case property has not been proved before trial court therefore impugned judgment, conviction recorded and sentence awarded to the appellant to said extent, are not sustainable and requests for setting-aside the same while partly allowing this appeal to the extent of parcels of remaining case property.
4. Learned Additional Prosecutor General could not defend the impugned Judgment, conviction as well as sentence to the extent of remaining case property; however, after going through the record submitted that safe custody to the extent of quantity of narcotics sent through parcels of samples to Punjab Forensic Science Agency, Lahore has been duly proved and requested for dismissal of this appeal to said extent.
5. After hearing learned counsel for the appellant, learned Additional Prosecutor General and going through the record, it has been noticed that Nasrullah Khan, ASI (complainant of the case) while appearing before the Court as PW-1 categorically stated that he on 20.01.2021 after receiving the case property from Moharrar deposited the same in Maalkhana Saddar Chiniot, relevant portion of his statement in this regard reads as follows:-
"On 20.01.2021, Moharrar Azhar Iqbal handed over to me 25 parcels Charas said to contain case property and 16 parcels said to contain optum, one parcel containing Rs. 1500/-, one mobile phone Nokia, one )پانی( and one colour copy of ID. card of accused and Wagon No. LES-2983 On the same i.e 20.01.2021, I deposited the aforementioned case property in the Malkhana Saddar, Chiniot."
Similarly, Azhar Iqbal 406/MHC (Moharrar of the Police Station) while appearing before the Court as PW-4 during trial of the case stated that on 20.01.2021, he handed over remaining case property to complainant of the case for depositing the same in Malkhana Saddar Chiniot; relevant portions of his statement in this regard are reproduced as under-
"On 20.01.2021, I handed over forty two sealed parcels containing case property of Chars, o***m and other case property and Suzuki Pickup bearing registration No. 2839-LES to Nasrullah Khan ASI for its onward transmission to Malkhana Saddar Chiniot."
"Nasrullah Khan ASI himself came at Police Station at 04:00 p.m. on 20.01.2021 and vide rapt No. 10. I handed over to him the case property of this case about for depositing case property in Malkhana Saddar, Chiniot."
However, prosecution has not produced Incharge of Maalkhana Saddar or any other official from there to prove that remaining case property was received or kept over there in safe custody and this fact has been fairly conceded even by learned Additional Prosecutor General after himself going through the record.
In view of above, "safe custody" of the "parcels of remaining case property" has not been proved by the prosecution. Now law is well settled on the point that unbroken chain of safe custody of "allegedly recovered case property and parcels of samples" is to be proved otherwise, conviction is not possible and it is rightly so because recovery of narcotics is not a mere corroboratory piece of evidence rather it constitutes the offence itself and entails punishment. Guidance in this regard has been sought from the cases of "The State through Regional Director ANF v. Imam Bakhsh" (2018 SCMR 2039), "Abdul Ghani and others v. The State and others" (2019 SCMR 608), "Muhammad Hazir v. The State" (2023 SCMR 986), "Asif Ali and another v. The State through Prosecutor General Punjab" (2024 SCMR 1408), "Sarfraz Ahmed v. The State (2024 SCMR 1571) and "Muhammad Iqbal v. The State through P.G. Sindh (2025 SCMR 704).
By now it is also well settled that if safe custody of allegedly recovered substance or parcel of sample/case property has not been proved then, there is no need to discuss other merits of the case and it straightaway leads to the acquittal of the accused; in this regard, guidance has been sought from the supra cases of "Abdul Ghani and others v. The State and others" and "The State through Regional Director ANF v. Imam Bakhsh".
6. Outcome of the above discussion is that prosecution has. been failed to prove its case against the appellant to the extent of "parcels of remaining case property" beyond shadow of doubt.
7. So far as case of prosecution against the appellant to the extent of recovery of contraband (which was sent for analysis to Punjab Forensic Science Agency, Lahore in parcels of samples) is concerned, though learned counsel for the appellant has not challenged the conviction recorded by the trial court against the appellant to said extent yet for safe administration of justice, we have gone through the record and it has been found that Nasrullah Khan, ASI (complainant of the case) while appearing before the Court as PW-1 deposed about recovery of two packets of charas wrapped in yellow coloured tape lying over his both legs when the appellant was sitting on the driving seat, he further deposed that accused himself took chabi )پانی( from the dashboard of the wagon, opened the backside of the vehicle, removed the plate from the floor of the wagon and then got recovered 23-packets of charas wrapped in yellow coloured tape and 16-packets of o***m from the secret cavity of the wagon; he also deposed that on weighing on computerized scale, each packet of charas was found weighing 1000-grams (total charas weighing 25000-grams) and each packet of o***m was found weighing 1000-grams (total o***m weighing 16000-grams); he too deposed that he separated 50/50-grams from each packet of charas and o***m for sending the same to the concerned Laboratory for forensic analysis; he also deposed that upon further search of the appellant, Rs. 1500/- (P-3), one mobile phone Nokia (P-4) and one coloured copy of I.D. card (P-5) were recovered whereas one chabi )پانی( was recovered from the dashboard of the wagon; he stated that he prepared separate sealed parcels of 25-packets of charas and separate sealed parcels of 16-packets of o***m said to contain case property and secured the same vide recovery memo Ex. PA; he further stated that he also secured the case property i.e. Rs. 1500/-, mobile phone Nokia, one coloured copy of I.D. card, one iron chabi )چا( and wagon through recovery memo Ex.PB; he further deposed that after registration of the case, Sarfraz, SI/Investigating Officer came at the spot and he handed over all the aforesaid case properties along with samples, his proceedings, accused and vehicle to him; Nasrullah Khan, ASI (complainant of the case/PW-1) also deposed that on 22.01.2021, Azhar Iqbal (Moharrar) handed over to him 25-parcels of samples of charas and 16-parcels of samples of o***m for sending the same to the Laboratory for forensic analysis and on the same day, he deposited the same in the said office.
Sarfraz Khan, S.I. (Investigating Officer) while appearing before the Court as PW-5 deposed that on 19.01.2021, Nasrullah Khan (complainant/PW-1) handed over to him 25-sample sealed parcels of charas, 25-sealed parcels of remaining case property of charas, 16-sample sealed parcels of o***m, 16-sealed parcels of remaining case property of o***m, one sealed parcel containing Rs. 1500/- cash amount, one coloured copy of CNIC of accused, one mobile phone of the accused and one chabi )پانی( for removing nuts, two recovery memos, one copy of complaint and custody of accused, he also deposed that on the same day, he handed over custody of the accused. case property to Azhar Iqbal 406/HC and recorded his statement in this regard on the same day; he further deposed that on 20.01.2021, he produced the accused before learned Illaqa Magistrate and sent him to judicial lock-up; he further stated that on 22.01.2021, he recorded the statements of Nasrullah Khan, ASI and Azhar Iqbal 406/HC (Moharrar) under Section: 161 Cr.P. C. regarding transmission of sample sealed parcels to the office of Punjab Forensic Science Agency, Lahore and sealed parcels of remaining case property to Malkhana Saddar Chiniot.
Azhar Iqbal 406/MHC (Mohatrar of the Police Station) while appearing before the Court as PW-4 categorically deposed that on 19.01.2021, Sarfraz Khan, S.I. handed over to him eighty three sealed parcels (sixteen parcels of o***m case property, sixteen sample parcels, twenty five parcels of charas case property, twenty five sample parcels, one sealed parcel containing Rs.1500/-, colour copy of CNIC, mobile phone Nokia, one chabi (d) and Suzuki Pickup bearing Registration No.2983-LES for keeping in safe custody, which he kept in Maalkhana of the Police Station City Chiniot intact, he further deposed 20.01.2021, he handed over forty two sealed parcels containing case osed that on property of charas, o***m and other case property and Suzuki Pickup to Nasrullah Khan, ASI for its onward transmission to Maalkhana Saddar Chiniot, he also stated that on 22.01.2021, he handed over sixteen sample sealed parcels of o***m and twenty five sample sealed parcels of charas to Nasrullah Khan, ASI for onward transmission to the office of Punjab Forensic Science Agency, Lahore.
In view of above, chain of safe custody of the parcels of samples of aforementioned narcotics from the place of recovery to the office of Punjab Forensic Science Agency, Lahore is complete. Moreover, report of Punjab Forensic Science Agency, Lahore (Ex.PE) produced in the case reflects that Nasrullah Khan, ASI deposited the parcels of samples on 22.01.2021 in said office, and as per the report, Charas and O***m were confirmed in said samples and total net weight of 25-parcels of samples of charas is calculated as "1256.95-grams" whereas net weight of 15-parcels of samples of o***m is calculated as "797.32-grams". All the recovery witnesses of the prosecution have duly supported the case of the prosecution to said extent through their statements recorded before the Court and credit of their testimonies could not be impeached to said extent and we are convinced that recovery as well as safe custody of Charas and O***m upto the extent of 1256.95-grams charas and 797.32-grams of O***m, which were secured as samples through parcels and sent to the Punjab Forensic Science Agency, Lahore has been proved against the appellant beyond shadow of doubt through cogent evidence for the purpose of conviction and sentence to the appellant. In this regard, guidance has been sought from the case of "Khuda Bakhsh v. The State (2015 SCMR 735).
As far as defence plea is concerned, while answering Question No.6 "Why this case was registered against you and why the PWs have deposed against you?", he replied as under: -
"I am innocent. I neither we the owner of the vehicle nor the driver of it. The registration of alleged vehicle was not on my name and in this regard no driving license was recovered from me. I belong to Islamabad and no concern in this Area One Muhammad Imtiaz son of Hassan Din, caste Gujjar, resident of Umar Colony District Islamabad bore a grudge against me. Said Muhammad Imtiaz having closely relationship with one Muhammad Iqbal son of Amir, caste Jharki, resident of Mouza Jharki, Tehsil Jhang and Muhammad Iqbal son of Jewan, caste Bhabhrana, resident of Harmal Pura Jhang. Both above said persons are renowned narcotics dealers. Muhammad Irshad ASI incharge police post Ali Abad provided them shelter in their nefarious business. Said Muhammad Imtiaz married with Ruqaya Noreen, who took the divorce from him and solemnized marriage with me. The said Imtiaz, by mentioning a wrong address, succeeded to get lodged the FIR No. 8/19 dated 02.01.2019, under section 365-B P.P.C. police station Kotwali Jhang against me, my brother Ashfaq and my mother Rasheeda and levelled the allegation that we had abducted Ruqaya Noreen and looted his property. Said Muhammad Irshad ASI is the 1.0 of that case, Roqaya Noreen appeared before the court and got recorded her statement about the innocence of me, Muhammad Ashfaq etc accused and all the accused persons were acquitted on 16.01.2020 by the court of Additional Sessions Judge Jhang. One Sadam Chaudhary is the friend of Imtiaz Hussain and said Imtiaz Hussain made conspiracy with Sadam to rope me falsely in this case. Sadam Hussain asked me to go along with him for purchasing the furniture from Chiniot and took me in his wagon car as a helper. On 18.01.2021 at 10:00 am. said Sadam Chaudhary handed me to Nasrullah Khan ASI according to their plan. Nasrullah Khan ASI along with Sadam Chaudhary brought me in police station and put pressure upon me for giving the divorce to Ruqaya Noreen and upon the denial of me this fake case was registered on 19.01.2021. 1 and Sadam Hussain did not, adopt Pindi Bhattian Chiniot road for reaching Chiniot due to its worst condition and he brought me on motorway Faisalabad interchange. It is the very reason that investigation officer failed to ascertain the working position of recovered mobile phone because if he obtained CDR then whole the story became dash down. I know nothing about the vehicle LES-11-2983. 1 came Chiniot along with Sadam Hussain on his wagon. The wagon No. LES-11-2983 P-7 was firstly seen by me when it was brought by the order of court during trial. This vehicle was not even though in working condition and it was transpired that one Sher Zaman son of Manzar Zaman resident of Shah Alam Post Office Nathi Peshawar is his owner and a structure was purchased and then a tampered number plate fixed on it and produced it before the court falsely, I produced attested copies of report under section 173 Cr.P.C. dated 21.01.2021 Exh. DH, report under section 173 Cr.P.C. dated 27.03.2019 as Exh.DH/1 and report under section 173 Cr.P.C. dated 14.04.2019 Exit DH/2 of case FIR No.8/19 dated 02.01.2019. under section 365-B P.P.C, police station Kotwali Jhang I also produced attested copy of judgment dated 16.01.2020 of acquittal in above said case titled "The State v. Muhammad Ashfaq etc passed by the court of Mumtaz Ahmad Addl. Sessions Judge Jhang as Exh. DH/3 in support of my version."
While answering Question No.9 "Have you anything else to say?", appellant replied as under: -
"I am innocent. The police belonging to Chiniot had stung me like as cobra snake and destroyed my life. All this was done with the conspiracy of Imtiaz son of Hassan Din, Sadam Hussain Chaudhary and Muhammad Irshad ASI. Above said persons used Nasrullah Khan ASI as instrument in planting of this false case against me. Investigation officer Sarfraz Khan SI failed to make fair investigation and obtained the material available in my favour. I was behind the bars zince 20:01.2021. During this period, my wife Ruqaya Noreen was missed and abducted by them and handed it over to some Pathan dealer of narcotics resident of Peshawar. My father was an old age of 80 years and my mother was also a poor and old lady. I am innocent and they ruined my family. The alleged narcotics did not produce before Area Magistrate. No photo was taken from the established police lab worked under the supervision of DPO Chiniot. Huge quantity was planted upon me and according to their version only Rs.1500/-were recovered from my alleged personal search. The investigation officer did not make any hectic effort from whom I purchased alleged narcotics. The story is highly un-believable as I was not in this position to go Jhang where a false litigation had to face me in connection with matrimonial litigation existed there. I am innocent."
However, he neither produced any witness in support of his said version during trial nor any other material is available on the record to support his version. Even otherwise, he himself did not opt to appear under Section: 340 (2) Cr.P.C. on oath in support of his said claim, hence it could not create any dent in the case of prosecution. Therefore, defence version has not been proved. When case of the prosecution is kept in juxtaposition with the stance of the accused taken by him in reply to questions Nos.6 and 9 in his statement recorded under Section: 342, Cr.P.C., we have found that defence version is of no legal worth whereas "chain" required for proving the case of prosecution is "complete and unbroken" to the extent of parcels of samples.
8. Resultantly, conviction recorded against the appellant regarding charas and o***m under Section 9(c) of the Control of Narcotic Substances Act, 1997, is maintained to the extent of charas whereas it is converted to conviction under Section: 9 (b) of the Act ibid to the extent of o***m.
9. Now coming to the quantum of sentence to be awarded to the appellant, while seeking guidance from the sentencing policy provided in case of "Ghulam Murtaza and another v. The State" (PLD 2009 Lahore 362), the appellant is sentenced to R.I. for 01 year and 08 months along with fine of Rs.7,000/- and in default thereof to suffer S.I. for 04 months for recovery of 797.32 grams pium whereas for recovery of 1256.95 grams charas he is sentenced to R.I. for a period of 04 years and 06 months with fine of Rs.20,000/- and in default thereof to further undergo S.I. for 05 months. Both the sentences shall run concurrently and benefit of Section 382-B Cr.P.C. shall also be given to the appellant.
10. Nutshell is that instant appeal is partly allowed/accepted to the extent of "parcels of remaining case property" (as discussed above) whereas to the extent of recovered contraband (which were sent for analysis to Punjab Forensic Science Agency, Lahore in parcels of samples) is dismissed with aforementioned modifications in the conviction as well as sentences.
JK/Z-15/L
Order accordingly.
