' ABDUL HAMEED DOGAR, J.--- Petitioner, Khair Muhammad, seeks leave to appeal against the judgment dated 19-5-2004 passed by a learned Division Bench of High Court of Balochistan, Quetta, whereby Criminal Appeal No,298 of 2002 filed by him was dismissed and his conviction and sentence awarded by the trial Court were maintained.
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2. Briefly, stated the facts of the case are that on 10-3-2001, C.I.A. Staff viz. Complainant party received an information that Pajero Jeep bearing No,GTB-505 blue in colour will be crossing at 6- 45 p.m. With contraband inside. On such information they stopped the said vehicle and apprehended the petitioner. During the search of above said vehicle 50 packets of backed Charas containing 1 Kg. Each were found concealed in the doors of the vehicle. 4 grams from each packet were recovered for chemical examination, which in all become 200 grams. During investigation, the petitioner disclosed that about 11 Kgs. Charas have also been concealed under the driver seat of the said vehicle, which too, was recovered. On competition of investigation he was sent to face the trial before the Court learned Special Judge CNSA-III, Quetta.
3. The prosecution in order to establish its case examined 6 witnesses, namely, Jan Muhammad P.W.1, Shahid Haneef P.W.2, Nazeer Ahmed P.W.3, Ahmedul Karim P.W.4, Amanullah 5.-I. P.W.5 and Azhar Hussain P.W.6.
4. The petitioner in his statement recorded under section 342, Cr.P.C. Claimed innocence. He, however, examined himself on oath under section 340(2), Cr.P.C. And examined Ali Ahmed D.W.1 and Ellahi Bakhsh D.W.2 in his defence.
5. On completion of trial, the petitioner was convicted under section 9(c) of Control of Narcotic Substances Act, 1997 and sentenced to imprisonment for life with a fine of Rs,50,000 or in case of nonpayment of fine to undergo further S.I. For two years with benefit of section 382-B, Cr.P.C.
6. We have heard learned counsel for the petitioner and have gone through the record and the proceedings of the case in minute particulars.
7. Learned counsel appearing on behalf of the petitioner mainly contended that the petitioner has been falsely implicated in the case at the place of main culprit namely Sakhi Mir Ahmed. According to the petitioner, he does not know the driving and was not put to driving test by the police though claimed by him. He further stated that the petitioner at the time of incident had gone to a doctor for medical treatment and at the moment he came out the clinic he was apprehended by the police and was falsely involved in this case. He reiterated the same stance as taken by him in his statement recorded on oath as well as by the defence witnesses.
8. The learned counsel for the State supported the impugned judgment and contended that the conviction and sentence were rightly awarded to him by the trial Court and affirmed by the High Court and the petitioner has not been able to show any reason for his false implication in the case.
9. We have gone through the evidence and the judgments of both the Courts below and do not find any illegality, misreading or non-appreciation of which otherwise is convincing and truthful. In this case, 61 Kgs. Charas have been recovered at the pointation of the petitioner from the secret parts of the Pajero jeep about which only the petitioner had its exclusive knowledge. He has admittedly failed to show any sort of animosity with the police for his false implication or substitution in the case. Irrespective of the above, sample sent to the Chemical Examiner were opined to contain Charas. It is unbelievable that such huge quantity of contraband can be foisted without any valid reason which in the instant case is missing.
10. Accordingly, we do not find any reason to interfere with the impugned judgment, thus, the petition being devoid of force is dismissed and leave to appeal refused.