' TARIQ PARVEZ KHAN, C.J.- Through this single judgment recorded in Criminal Appeal No,251 of 2006, we propose to dispose of connected Criminal Appeal No,282 of 2006. Former is filed by Haider Ali Shah, Mudassir and Muhammad Saleem while the later is filed by Taj Bahadar.
' All the four appellants have been convicted in a single judgment delivered by Additional Sessions Judge at Peshawar on 5-5-2006. They have earned judgment of conviction and have been awarded life imprisonment under section 9(c), CNSA with fine of Rs,2 lac each. They have been extended benefit of section 382-B, Cr.P.C.
2. Charge against the appellants is that on 9-7-2005 at 5-30 a.m. (wrongly recorded as 1400 hours in the charge), they were travelling in a van with Registration No,TS 15 913867. The Customs Staff on the basis of prior information, had held road check and when the vehicle was sighted, it was signaled to stop but instead, the speed of the vehicle was accelerated which was chased by the Customs Staff and ultimately the vehicle in question was made to stop. Five persons were occupants. Of the vehicle but amongst them one was armed with fire-arm who managed to escape whereas four appellants, wearing Tochi Scouts uniform were allegedly arrested on the spot.
The vehicle was' taken to the Customs Ware House and on search, 1180 Kgs. Charas was recovered from the secret cavities of the vehicle.
3. Afzal Muhammad Inspector appeared as P.W.l with whom the case property was deposited, being incharge of the Godown of Customs Ware House Peshawar. Muhammad Junaid has maintained record of seized narcotics and appeared as P.W.2. Abdul Rashid Khattak P.W.3 on receipt of Murasila, registered case F.I.R. No,16, dated 9-7-2005.
4. " P.W.4 Khawaja Muhammad Iqbal is star witness who on receipt of information, installed road check, stopped vehicle from which huge quantity of narcotics was allegedly recovered. He has drafted the Murasila, prepared the recovery Memo, in respect of recovered narcotics and has also taken samples. Out of three samples prepared by him, he has sent one sample to the Forensic Science Laboratory for chemical analysis. Arshad Hilali Inspector (P.W.5) has conducted partial investigation, Aqleem Dad Constable appeared as P.W.6 to prove recovery memo, through which the recovered narcotics were taken into possession. Asad Ali- Shah P.W.7 is also an eye-witnesses of the apprehension, arrest and recovery of the narcotics.
' Accused/appellants after their examination under section 342, Cr.P.C., wished to produce defence and also to appear as their own witnesses.
' In defence, they have produced two D.Ws., namely, Abdur Rauf Khan as D.W.l and Behram Khan as D.W.2. The former stated that accused of the case had come to Haidar Ali Shah, his nephew, who had friendly relations with the accused with whom they had stayed at night 'and after making some purchases in Karkhano Market, they would leave on the next day. Behram Khan D.W.2 is a Milk Seller and stated that he has seen the accused who are friends of Haidar Ali Shah, with said Haidar Ali Shah waiting for the vehicle on the road side. None of the D.Ws. Could be believed because as far as D.W.l is concerned, he only stated that appellants spend night with Haidar Ali Shah. The second witness who is a Milk Seller never appeared before the police to speak about innocence of the appellants. Their belated statements would not offset the direct testimony . Given by thev prosecution, namely, P.Ws. 4, 5, 6 and 7. No doubt that huge quantity weighing 1180 Kgs. Was recovered from the vehicle but we say with regrets that the case was not properly investigated.
5. It is in the statement of Khuwaj a Muhammad Iqbal, a star witness of the prosecution, that the narcotics were concealed in the secret cavities. He prepared the recovery memo. Exh.l\W.4/l in respect of recovered narcotics. He further stated that he separated small quantities from different packets of the recovered lot f (word "different" is underlined by us). He further stated that after the small quantities were taken, he prepared three samples of 5 grams each and only one sample was sent to the Forensic Science Laboratory. In the cross- examination, he admits that charas in question was in the shape of slabs and he did not count number of slabs. Further that he could not give number of slabs as he did not count them. He further admits that he had not taken samples from the entire slabs but from few different packets. When asked as to the number of packets, his reply was either one or 2 or 3 or 4 or more.
6. It was half heartedly argued by the learned counsel for the appellants that defence- evidence has created reasonable doubt in the manner of apprehension of the appellants and that the case property has been planted.. It was further argued that real person was allowed to escape and the appellants have been made scapegoats.
7. It has been ruled by the apex Court and by this Court as well in number of judgments that where prosecution wants to prove that the entire quantity of narcotics recovered was narcotics, it has to be specifically proved i.e, by taking samples from each slab so that no doubts is left that the entire case property comprised of narcotics.
8. We have taken notice of the fact that wherever investigation is conducted in narcotic cases by the Customs Staff, they have never bothered to take samples from each packet/slab. Thus always deficiency is left in the case and the Courts have to follow their own judgments. In the instant case, as admitted by the Investigating Officer, that he had not counted the number of slabs recovered and that he has not taken samples from each slab but from different slabs and he was not sure as from how many slabs, samples were taken. Therefore, to that extent benefit would go to the appellants. Keeping in view the statement of star witness, namely, Khuwaja Muhammad Iqbal P.W.4, the prosecution has not proved that the entire quantity of narcotics weighing 1180 Kgs. Was Chars but to the extent of one sample sent to the chemical examiner.
' We would allow these appeals partially, convictions of the appellants are maintained, the sentence of imprisonment is reduced to 5 years R.I. Each and similarly fine amount is also reduced from Rs,2 lac each to Rs,50,000 each or in default of payment of fine, shall further undergo six months' S.I. Benefit of section 382-B, Cr.P.C. Already extended by the trial Court shall remain intact.
9. Before parting with this judgment, we would like to convey our annoyance and regrets to the Collector Customs who shall immediately undertake positive steps by extending some training to its Investigation Staff as to how; investigation should be conducted and what procedure to be followed in narcotics cases. This can be, done by him by arranging some lecturs or workshops as it would be in the interest of public at large and Pakistan in particular. Copy of this judgment is sent to the Collector Customs.