' FAQIR MUHAMMAD KHOKHAR, J.--- The convict-petitioner and one Mst. Zohra were separately tried in case F.I.R. No,593, dated 26-10-2002 under section 9 of the Control of Narcotic Substances Act, 1997, registered at Police Station Topi at the instance of Noor Ali Khan, Assistant S.H.O. Of the police station for recovery of 51 kilograms Charas wrapped in 51 packets each weighing 1 kilogram from the car driven by the petitioner. The co-accused Mst. Zohra, a minor, was tried under the Juvenile Justice System Ordinance, 2000. The Additional Sessions Judge-III, Swabi, by judgment, dated 8-12- 2004, convicted the petitioner under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced him to life imprisonment with a fine of Rs,30,000 or in case of default of payment of fine to undergo further S.I. For three months. However benefit of section 382-B, Cr.P.C. Was extended in his favour. Likewise, co-accused Mst. Zohra was also convicted and sentenced. The petitioner and his co-accused filed criminal appeals against their conviction and sentence. The appeal of the petitioner was dismissed whereas that of the co-accused Mst. Zohra was allowed by a learned Division Bench of the. Peshawar High Court, Peshawar vide the impugned judgment, dated 16-11- 2006. Hence this jail petition for leave to appeal.
2. Learned counsel, appointed at State expense, vehemently argued that the case of the petitioner was similar to the one of the co-accused Mst. Zohra whose appeal was accepted by the High Court through the impugned judgment. Therefore, benefit of doubt should also have been extended to the petitioner. It was further submitted that the petitioner was just a driver of the father of the co- accused Mst. Zohra and was unaware of the narcotics in the car. The co-accused Mst. Zohra initially claimed to be the wife of the petitioner but changed her position during the course of trial.
3. On the other hand, learned counsel for the State supported the impugned judgment by submitting that the petitioner was to be conclusively presumed to have knowledge of the narcotics recovered from the car being driven by him. Therefore, the High Court as well as the trial Court had properly convicted him for the offence of possessing a huge quantity of narcotics. Reliance was placed on the case of Ikram Hussain v. The State 2005 SCM R 1487.
4. We have heard both the learned counsel and have gone through the evidence and other record with their able assistance. No animosity of the prosecution was shown to exist for involving the petitioner falsely in a serious case of a narcotics. Even the recovery of a huge quantity of Charas was not denied by him. The High Court had given sound reasons for distinguishing the case of the co-accused Mst. Zohra for acquitting her of the charge. The report of the Chemical Examiner was also positive. The High Court as well as the trial Court have properly appraised the evidence in coming to a definite conclusion of the guilt of the petitioner to which no exception can be taken.
This is not a fit case for grant of leave to appeal.
5. For the foregoing reasons, we find no merit in this petition which is dismissed and leave to appeal is refused accordingly.
Leave of .