1. GHULAM MUSTAFA MENGAL, J.---This appeal under section 48 of Control of Narcotic Substances Act, 1997 has been directed against judgment dated 8-6-2009 passed by learned Special Judge, C.N.S Court, Quetta, in C.N.S. Case No.25 of 2008 whereby appellant has been convicted under section 9- C of C.N.S. Act, 1997 and sentenced to suffer R.I. For Life with a fine of Rs.1,00,000 or in default thereof to undergo one year S.I., with benefit of section 382-B, Cr.P.C.
2. Briefly, stated the facts of the case are that on 21-2-2008 an F.I.R. No. 30 of 2008 under section 9-C, of C.N.S. Act, 1997 was registered with Police Station, Air Port Road Quetta on the Report/Murasila of Complainant Syed Zahir Shah Kazmi, IP/SHO, Police Station, Air Port, Quetta stating therein that today he along with his Subordinate Staff had a Naka at Baleli Check Post. On receipt of credible information at 3-00 p.m. a Bedford Truck bearing Registration No.SI-2890 appeared on the scene coming from Chaman side was stopped and on search of the vehicle 320 packets, weighing 320 kg. Hashish were recovered from the secret cavities of the truck; sample of 3kg. From each packet was separated for purposes of Chemical Examination, while remaining Hashish was sealed in 8 sacks and the same were taken into possession. It was further stated that the person driving the vehicle on query disclosed his name as Lal Muhammad son of Mewa Khan Caste Hambi residence of Dera Allah Yar now Kashmirabad, Sariab Road, Quetta. Thereafter case was registered against him and after completion of investigation Challan of the case was submitted before the Court of Special Judge CNS, Quetta where charge was framed and read over to the appellant, to which he pleaded not guilty and claimed trial.
3. At the trial the prosecution in support of its case examined three witnesses in all. On the close of prosecution evidence, appellant was examined under section 342, Cr.P.C. Wherein he stated that he is innocent and accused person was released by Police and false case was made against him.
4. The appellant recorded his statement on oath as envisaged under section 340(2), Cr.P.C.. He produced D.Ws Muhammad Alam, Ghulam Sarwar and Abdul Rahim Shah in his defence. After assessm ent of evidence, learned trial Court, vide judgment dated 8-6-2009 convicted and sentenced the appellant in the manner as stated above.
5. We have heard Mr. Qahir Shah, learned counsel for the appellant and Mr. Liaquat Ali for the State.
6. Learned counsel for the appellant contended that the appellant has falsely been involved in this case; that there are two sets of evidence but the defence version was totally discarded by the learned trial Court, thus the appellant is entitled to grant of benefit of the same.
7. On the other hand learned State counsel opposed the contentions raised by the appellant's counsel and supported the impugned judgment and order of the conviction and stated that the prosecution has proved its case beyond any reasonable doubt.
8. The prosecution in order to prove the apprehension of the appellant and recovery of contraband material from the secret cavities of the Truck has examined P.W.1, Syed Zahir Shah Kazmi, who had categorically stated that on 21-2-2008 he along with Mehrab Khan, IP/ASHO, Shahid Qadeer, ASI, Muhammad Haneef, S.I, Muhammad Zahir, Head Constable, Umar Hayat, Constable, Azizullah, Driver and Tanveer Ahmad, constable were on Special Checking at Baleli Check Post, on receipt of spy information a Bedford Truck bearing Registration No.S.I-2890 was coming from Chaman side was intercepted and search was made 320 kg. Hashish was recovered from the secret cavities of the truck, which was taken into possession vide recovery memo., Exh;P/1-A and after taking small pieces from each slab, weighing 3 kg., the same was sealed in Parcel No.1 for Chemical Analysis and remaining Hashish was sealed in 8 parcels, which were produced before the trial Court. Similar statement was made by P.W.2, Shahid Qadeer, ASI, who stated that on 21-2-2008 he along with Zahir Shah Kazmi, SHO and other Police official was present at Baleli Check Post. At about 3-00 p.m.
9. Truck No.S.I-2890 came from Chaman side was stopped and searched, on quarry driver of the truck disclosed his name as Lal Muhammad son of Mewa Khan. On search of the vehicle 320 packets of Hashish were recovered from the secret cavities of the Truck. Witness produced recovery memo; Ex; P/1-A and identified his signatures on the same. P.W.3, Ayaz Haider. I.P.
10. Appeared and deposed that on 21-2-2008 he was posted at Police Station, Air Port Road, Quetta; on the same day on Murasala of complainant Zahir Shah Kazmi F.I.R Exh.P/3-A under section 9-C was registered. He further deposed that investigation of the case was entrusted to him. He went to the place of occurrence where the complainant handed over him Parcel Nos.1 to 9, Bedford Truck bearing Registration No.SI-2890 and accused was taken into custody. He recorded the statement of witnesses under section 161, Cr.P.C. He sent the samples for Chemical Examination. He received the F.S.L Report Exh. P/3-A and after completion of investigation he handed over the case to the S.H.O, who prepared the Challan Exh. P/1-C, and he identified the signatures of the S.H.O Zahir Shah Kazmi. Witness also identified accused present in the Court.
11. So far as the recovery of 320 kg. Backed Charas kept and concealed in the secret' cavities of the Truck bearing Registration No.SI-2890 being driven by the appellant is concerned that has been proved by the prosecution and there is no animosity against the appellant to falsely implicate him in the commission of offence. The appellant has taken a conflicting plea in his statement recorded under sections 342 and 340(2) Cr.P.C. He deposed as under:-- "I am innocent and have been falsely implicated in this case. I was working with Rahim Shah, Contractor. I was working with R.C.C. Builders as Mason. On 20-2-2008 Contractor Rahim Shah asked me to reach at Baleli Check Post at 3-00 p.m. On the next day he went to Baleli Check Post where a Truck was parked. Meanwhile Police came, I was waiting for Contactor. Police arrested me and other persons who were repairing the Truck and brought us to Police Station, whereafter, accused persons were released by Police and I was falsely implicated in this case. I have no concern with the vehicle and recovered material."
12. The statement of the accused-appellant negates the facts of the case. It is proved that he was driving the Truck and it can safely be inferred that he was in the knowledge of presence of Hashish in the secret cavities of the truck and it would be deemed to be in exclusive possession of the Hashish recovered from the secret cavities of the Truck, thus the Prosecution has got sufficient material on the record to A connect the appellant with the commission of offence and in absence of any or animosity on the part of members of the Police party, such huge quantity of Hashish cannot be expected to be planted on the appellant. The judgment of trial. Court is based on correct application of law and proper evaluation of evidence available on record. Thus the charge against the appellant stands proved.
13. For what has been discussed above, we find that prosecution has IB succeeded to prove its case against the appellant. The witnesses have supported the prosecution case and their evidence is corroborated by Chemical Analyzer Report (Exh. P/3-B). There is no illegality or infirmity in the impugned judgment warranting interference by this court. Resultantly, the appeal is hereby dismissed and the impugned judgment is maintained.