Abdul Hameed Dogar, J.--This petition is directed against the judgment dated 5.7.2004 of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby Criminal Appeal No, 404 of 2001 filed by petitioner was dismissed and conviction and sentence recorded under Section 9-C of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as the Act') to imprisonment for life with a fine of Rs, 5,00,000/- or in default to further undergo two years R.I. was maintained and benefit of Section 382(B) Cr.P.C. was also extended to him.
2. Precisely stated the facts of the case of the prosecution are that on 10.11.1998 at 9.00 a.m. complainant Muhammad Sharif Toor PW-5 along with other officials was present at Channi Bridge, Rewat. He received a wireless message from Shahid Hamid Jafferi, Regional Director that petitioner was travelling in Vehicle No, IDT-2346 with huge quantity of Charas. It was at about 9.45 a.m. above mentioned vehicle arrived at the spot. The petitioner was apprehended and on his pointation a Trunk lying on the roof of the Coach was brought down and was opened by the petitioner while taking out the key from his pocket. Out of the said Trunk 30 bundles of Charas wrapped in polythene bag was recovered which were weighed to be 30 K.Gs. Out of the same 1200 grams were separated for chemical analysis which were reported as positive by the Chemical Examiner.
3. The prosecution in order to prove its case examined six witnesses in all.
4. Petitioner in his statement recorded under Section 342 Cr.P.C. denied the case of prosecution and claimed that he was apprehended by the police from Adam K. Cheema Bus Stop, District Sialkot whereafter was brought to Rawalpindi and above said property was foisted upon him.
Though he claimed to be examined himself on Oath yet did not examine himself on oath but examined one Shahid Sheikh, Clerk Motor Taxation Branch, Islamabad in defence. On the conclusion of trial the petitioner was found guilty and convicted and sentenced as stated above.
5. We have heard Mr. Altaf Ellahi Sheikh, learned ASC for the petitioner and have gone through the record and proceedings of the case in minute particulars.
6. In this case irrespective of above said ocular testimonies furnished by Muhammad Sadiq (PW-4) and complainant Muhammad Sharif Toor, FIO (PW-5). Confessional statement of petitioner recorded by Malik Sanaullah, Magistrate (PW-6) was also brought on record. A huge quantity of 30 Kgs of Chants has been secured at the pointation of petitioner from inside a Trunk belonging to him. Out of recovered charas 1200 grams Charas were separated and sent for chemical analysis the report of which has been found positive which further corroborates the case of prosecution. It is wroth mentioned that presence of recovered chorus was in the exclusive knowledge of the petitioner and it was because of such reason, he took out the key from his pocket of his shirt and opened the Trunk and pointed out the contraband. At trial, not only recovery of chorus but key, Trunk and other article was produced and exhibited at the trial which further strengthens the case of prosecution. A quite contradicting version has been taken by the petitioner in his defence. While cross-examining the witnesses he suggested them that he such arrested from his village and brought to police station and Charas was planted on him whereas in his statement under Section 342 Cr.P.C. he stated that he was present at Adam K. Cheema, District Sialkot and was apprehended from there and was brought to Rawalpindi, whereafter said Charas was foisted upon him.
7. Learned counsel for the petitioner though argued at length yet could not refer any illegality, mis- reading or non-appraisal of evidence. There being concurrent findings of two Courts below while convicting and sentencing the petitioner, we do not find any reason to interfere with the same: Resultantly, the petition is dismissed and leave to appeal refused.