1. ' MAQBOOL BAQAR, J.--- The present appeal has been filed against the judgment dated 30-12- 2003, passed by Special Judge, Narcotics, Mirpurkhas, in Special Case No,17 of 2001, whereby the learned Judge convicted the appellant under section 9(c) of Control of Narcotic Substances Act, 1997, to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs,50,000 or suffer rigorous imprisonment for six months more.
2. ' The brief facts of the prosecution case are that on 20-3-2000, complainant Inspector, Incharge Police Station A.N.F., Hyderabad, Abid Zulfiqar lodged a report at Police Station A.N.F., Hyderabad, that on spy information, that the appellant is selling and supplying narcotics from his Otaque in New Chhore and will be supplying huge quantity of narcotics, the complainant, along with Major Abdul Hameed, Assistant Director Manzoor Ali Rana, Hawaldar Mehmood, Constable Waris Ali Dogar, who came from Karachi, and P.C. Manzoor Ali, P.C. Muneer Ahmed, P.C. Imtiaz Ali, orderly Muhammad Aslam and driver Ghulam Mustafa, proceeded to New Chhore where they were joined by Colonel Khalid, D.S.R. Asif Majeed and other Rangers staff, from where, the above A.N.F. Team, under the subordination of Colonel Khalid, reached the house/Otaque of the appellant at 6-00 a.m., and apprehended the appellant, as he come out of his Otaque, carrying a basket in his hand.
3. The basket held by the appellant contained two packets of opium, wrapped in plastic Theli, one envelope containing chemical liquor, one bottle of whisky, two scales and three weights. The opium was weighed to be six kilograms, 500 grams opium was taken from each packet and was sealed and the remaining opium was sealed separately. ,The other items were also sealed separately and Mashirnama was prepared in presence of Mashirs P.C. Manzoor Ali and Driver Ghulam Mustafa. The appellant along with the seized property was taken to Police Station A.N.F. Where complainant lodged the F.I.R.
4. ' On 29-8-2000, charge was framed against the appellant, however, he pleaded not guilty and claimed trial.
5. ' In support of their case the prosecution examined P.W.1, Inspector, Abid Zulfiqar, who produced Roznamcha Entry No,8, Mashirnama of arrest and recovery, the F.I.R. And Roznamcha Entry No,2. The prosecution also examined P.W.2 constable Manzoor Ali and P.W.3 S.I.P. Naeemuddin, who produced the Chemical Examiner's report. In his statement under section 342, Cr.P.C., the appellant denied the all1gation and pleaded innocence. The appellant examined himself on oath and also examined witnesses Haji Gul Hasan and Lajpat in his defence.
6. ' The trial Court convicted the appellant in terms of the impugned judgment. Hence this appeal.
7. ' The learned counsel for the appellant submitted that the appellant is innocent and the prosecution story is a sheer concoction. He submitted that neither was appellant arrested by the complainant or by any personnel of A.N.F. Nor did A.N.F. Conducted the raid or made any recovery from the appellant as alleged or otherwise. He submitted that the fact of the matter is that it was only the Rangers who came to the appellant's house and arrested him and it was not the appellant alone who was arrested by the Rangers, but along with the appellant, the Rangers also arrested his brothers, two sons and a nephew. He submitted that the Rangers in New Chhore bore grudge against the appellant as he got a rented house in his neighbourhood vacated from a Rangers Inspector Hakim Ali, due to Hakim's notoriety and there has been an exchange of hot words between the two and thus the appellant was arrested by the Rangers, and taken to Rangers Headquarters at New Chhore and was thereafter taken to Hyderabad and handed over to A.N.F. At G.R. Colony, Hyderabad for falsely implicating in the present case. He submitted that there was no reason and/or justification of the involvement of the Rangers in the raid as A.N.F. Is a well equipped and independent force. He further submitted that as per the prosecution story, neither was the appellant armed nor were any arms or ammunition recovered from his possession. It is also not alleged that there was any apprehension of any retaliation from the appellant who allegedly was alone at the time of the alleged raid and arrest and therefore, there was no necessity of the Ranger personnel accompanying the raiding party, which by itself consisted of eleven (11.) A.N.F. Personnel including three officers. The learned counsel submitted that the falsity of the prosecution case is also evident from the fact that although the F.I.R. Is shown to have been registered in Hyderabad at 11-00 a.m., however, as can be seen from the evidence of the appellant, and the two Press Reporters, namely, Haji Gul Hasan and Lajpat, of Daily "Ibrat" and "Kawish" respectively, the appellant along with five others was produced by Colonel Khalid during a Press Conference held by him on 21-3-2000 at 11-30 a.m. Or 12-00 noon, in the Rangers Headquarters at New Chhore, whereas the distance between New Chhore and Hyderabad is not less than three hours and therefore, it was not possible for the complainant to lodge the F.I.R. At the A.N.F. Police Station in Hyderabad at 11-00 a.m. As claimed by the prosecution. He further submitted that though, according to the prosecution, A.N.F. Party had proceeded from Hyderabad to arrest the appellant, on a spy information that the appellant is engaged in selling and supplying narcotics and will be supplying a huge quantity of narcotics, and was not only joined by the Rangers but was also accompanied by senior officials and staff of A.N.F. Who had come from Karachi for carrying out the alleged raid, but they did not arrange for any independent/private Mashir and though the area where the appellant lives and was allegedly apprehended from is thickly populated and several persons of the area had gathered at the time of the raid, however, no private person was associated with the recovery or arrest of the appellant. He further submitted that it is unbelievable that a person involved in narcotics business would set out from his house carrying narcotics at 6-30 in the morning. The learned counsel pointed out that contrary to the prosecution's claim that two packets containing 500 grams of opium were sent for chemical analysis, the Chemical Examiner's report shows that the sample sent to the Laboratory, weighed 355 and 360 grams only. He also pointed out that the purported samples were allegedly sent to the Chemical Examiner on 25-3-2000 i.e. After a delay of five days and there is no explanation for such delay.
8. ' On the other hand, Mr. Muhammad Iqbal Kalhoro, Special Prosecutor, A.N.F. Submitted that all the three prosecution witnesses are -consistent on the point of recovery and arrest and the defence has failed to shatter their evidence through cross-examination and further that the Chemical Examination Report has verified the fact that the contrabands recovered from the appellant were opium and Ethyl Alcohol and thus, the prosecution has proved its case against the appellant without any reasonable doubt. He prayed for upholding the conviction and for dismissal of the appeal.
9. ' Heard learned counsel and perused the record of the case with their assistance.
10. ' According to the prosecution, the complainant Abid Zulfiqar, Incharge A.N.F., Hyderabad, upon receiving spy information that the appellant was engaged in selling narcotics and will be supplying a huge quantity of narcotics, along with his staff, and another A.N.F. Party, comprising of Major Abdul Hameed and Assistant Director, Manzoor Ali and their staff, who had come from Karachi, proceeded from Hyderabad to New Chhore, Umerkot, to apprehend the appellant. They first went to the Rangers Headquarters at New Chhore from where, under the supervision of Colonel Khalid, and Deputy Superintendent Rangers, Asif Majeed, they went to the house/Otaque of the appellant, and apprehended him at 6-30 in the morning and made the alleged recovery, returned back to Police Station A.N.F. Hyderabad and lodged the F.I.R. However, during his cross-examination the complainant admitted that after the recovery and arrest he took the appellant to the Rangers Headquarters at New Chhore and then proceeded to Hyderabad. Whereas the statement of the appellant and his two witnesses, that Colonel Khalid of Rangers, called a press conference at the Rangers Headquarters, at New Chhore and presented the appellant and five others as his accomplices, and disclosed their arrest and, recovery of narcotics from them, before local press remained unrebutted.
11. ' In the first place, keeping in view the fact that A.N.F., is a well-trained and well-equipped Force, specially constituted, under the Anti-Narcotics Force Act, 1997 and is headed by a Director-General, with all the powers of an Inspector-General of Police under the Police Act, it is rather intriguing to note that, an A.N.F. Team comprising of eleven personnel, including three officers, sought help from Rangers in arresting a single person. The overwhelming involvement of Rangers, and specially in view of the testimony of the appellant that he was in fact arrested by the Rangers, on account of his enmity with a Rangers Inspector, Hakam Ali, from whom the appellant got a house vacated in the latter's neighbourhood, on account of his ill repute, creates doubt regarding the veracity of the prosecution story. The prosecution case is further vitiated by the fact that contrary to their claim; the statement of the appellant recorded during his examination-in-chief, that he along with five others, including his two sons, Shanker and Mukesh, brother Neemraj and nephew Ratan Lal was in fact arrested by Rangers, has gone unrebutted; and so also the statement of the two press reporters, who had attended the press conference called by Colonel Khalid, to the effect that during the press conference five other persons, who can be seen in the photographs taken by one of them, and published in newspapers "Ibrat", "Tameer-e-Sindh" and "Kawish", Exhs.17-A, 17-P and 17-C respectively, were presented before the press, along with the appellant as his accomplice arrested during the raid, were also not rebutted by the prosecution.The statement of the said two defence witnesses, that the opium allegedly recovered during the raid was not sealed in any basket, but was lying open on a table has also gone unrebutted. Although the prosecution claims that two separate samples weighing 500 grams each were sent to the Chemical Examiner, however the Chemical Examiner's report reveals that the weight of said two samples was 355 grams, and 360 grams respectively. The samples of the narcotics were sent to the Chemical Examiner on 25-3-2000 i.e. After a delay of five days which delay has also not been explained by the prosecution.
12. ' The F.I.R. Is shown to have been registered in Hyderabad at 11-00 a.m. On 20-3-2000, and as can be seen from the evidence of prosecution witnesses, New Chhore is at a distance of about 3 and half hours drive from Hyderabad, however, according to the two defence witnesses the press conference was held by Colonel Khalid at Rangers Headquarters in New Chhore at 11-00 a.m. Or 11- 30 a.m. And that the reporters remained there for about one hour, which facts were not rebutted by the prosecution during the cross-examination of the said two witnesses, and therefore, it is evident that the F.I.R. Was not recorded at 11-00 a.m. As wrongly claimed by the prosecution.
13. ' It was in view of the foregoing that we found that the prosecution has failed to prove its case against the appellant without reasonable doubt and allowed the appeal, and set aside the impugned conviction by short order, dated 2-11-2006.