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2007 SCMR 1378

MUHAMMAD IRSHAD vs THE STATE

Citation2007 SCMR 1378
CourtSupreme Court of Pakistan
Case No.Jail Petition No,407 of 2005
Date2006-05-08
Judge(s)Javaid Iqbal, Muhammad Nawaz Abbasi
ResultLeave refused

' MUIIAMMAD NAWAZ ABBASI, J.--- This jail petition has been directed against the judgment dated 11-10-2005 passed by a Division Bench of the Lahore High Court, Rawalpindi. Bench whereby appeal filed by the petitioner against the conviction under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentence of life imprisonment with a fine of Rs,1,00,000 awarded to him by learned Additional Sessions Judge, Rawalpindi vide judgment dated 26-9-2001, was dismissed.

2. The petitioner was apprehended by a police party headed by Muhammad Taj, A.S.-I. At 1-00 a.m.

On 15-9-1997 in the area of Police Station Pir Wadhai, Rawalpindi and having been found in possession of two bags contained 40 Kgs. Of opium, out of which 2-1/2 kilogram opium was separated in the sealed parcel for chemical analysis and as per report sent by the Chemical Examiner the parcel contained opium. The petitioner pleaded not guilty to the charge and having .Denied the recovery of narcotics from his possession in his statement under section 342, Cr.P.C.

Stated that he was falsely involved in the case by the police party on account of his raising objection to the conduct of police officials of taking bribe from a person. The petitioner however, has not been able to bring on record anything in disproof of the charge to set up a plausible defence to discredit the prosecution evidence.

3. The perusal of record with the assistance of learned counsel for the petitioner and State would not show any legal or factual defect in the concurrent findings of the two Courts regarding the guilt of the petitioner calling for interference of this Court. The opium in huge quantity contained in bags was recovered from the possession of the petitioner in presence of the witnesses and he was arrested at the spot. The recovery was proved by the member of raiding party who had no personal reason to involve the petitioner in a false case. The learned counsel for the petitioner has not been able to point out any material discrepancy and contradiction in the evidence suggesting a slight doubt in the prosecution case arising in favour of petitioner and consequently, we would not take any exception to the judgment of the High. Court.

4. In the light of foregoing reasons, we do not find any substance in this petition and the same is accordingly dismissed. Leave is B refused.

Cited by 11 cases

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