' ASSADULLAH KHAN CHAMKANI, J.---On receipt of a spy information regarding smuggling of narcotics in a huge quantity from tribal area to Punjab through Motorway by a Truck bearing Registration No,AJ-2174, S.-I. Mushtaq Ahmad along with ANF staff on reaching near Toll Plaza, started checking the said vehicle but soon it was revealed to them that the said vehicle has already crossed the spot of checking. However, on hot pursuit, the vehicle in question was stopped near Nisatta Interchange. Two persons sitting in the truck were overpowered who disclosed their names as Sajjad Ahmad, driver of the truck and Lateef Ahmad, a man sitting with the driver. During cursory search of the truck, huge quantity of narcotics was detected in the secret cavities specially made behind the backrest of the driver cabin and windscreen of the roof. Because of security concern, the truck along with accused were taken to the Police Station where thorough search was conducted which led to the recovery of 335 packets of charas garda, weighing 158 Kg, 79 packets of charas Pukhta, weighing 86.800 Kg and 29 packets of opium, weighing 34.800 kg. Accordingly, both the accused mentioned above were arrested and booked under section 9 CNSA, vide F.I.R.
No,24, dated 17-4-2009 at Police Station Anti Narcotics Force, Peshawar.
2. After their arrest and completion of investigation, they were sent to the court of learned Judge Special Court (CNS), Peshawar for trial who on its conclusion, sentenced them to imprisonment for life with a fine of Rs, Two lac each or in default to undergo further one year S.I. Each. However, benefit of section 382-B, Cr.P.C. Has been extended, vide judgment dated 14-4-2010.
3. Feeling aggrieved, both the convicts have filed their separate Jail criminal appeals bearing Nos.511 and 848 of 2011. As both the appeals are outcome of the same impugned judgment, therefore, both are decided through this single judgment.
4. Main contentions of the learned counsel for the appellants are that there are unconformable contradictions in the statements of the P. Ws. Which prove that the occurrence has not taken place in the manner described by them or they have not witnessed it. She next contended that the appellants have been substituted for the actual culprits who have been spared by the prosecution and they have been made scapegoat. The learned counsel by concluding her arguments submitted that in view of glaring contradictions in the case of the prosecution, the quantity so allegedly recovered cannot be said to have been proved against the appellants.
5. As against that, the learned Standing counsel appearing for the ANF contended that all the witnesses are unanimous about the factum of recovery and when their testimony despite lengthy cross-examination, remained unshaken, the charge stood proved as in the absence of any or animus on the part of P.Ws., their testimony cannot be doubted and as such the conviction and sentence recorded by the learned trial Court being based on proper appraisal of evidence is not open to any interference.
6. We have gone through the record carefully and have also considered the submissions made by the learned counsel for the parties.
7. The prosecution to prove its case qua recovery of huge quantity of contrabands examined as many as 5 witnesses. P.W.1 is Mushtaq Ahmad, S.-I. Police Station ANF Peshawar, who headed the AFX party. He is the material witnesses in the case. This witness, as stated earlier, headed the ANF staff, waited at the spot of Toll Plaza and made hot pursuit to thwart smuggling of narcotics and ultimately stopped the truck, recovered the contraband in question. He reiterated the entire occurrence in the same sequence as narrated in the F.I.R. P.W.2 is Mushtaq Ahmad, HC Police Station, AS ANF, Peshawar who accompanied the raiding party. He narrated the same facts as given in the F.I.R. He is marginal witness to the recovery Memo Exh.P.W.1/1 whereby the Investigating Officer took into possession huge quantity of narcotics. He has confirmed his signature on the aforesaid recovery Memo to be correct. P.W.3 Mushtaq Ahmad FC deposed that he was present in the Police Station when Muharrir Ishfaq Hussain handed over samples of parcels bearing No,1 to 243 duly sealed along with application of the 1.0. An English docket and Route permit in the case.
P.W.4 lshfaq Hussain HC Police Station ANF Peshawar, also an official of the ANF stated that on the crucial date, he was present in the Police Station when P.W. Mushtaq Ahmad came there and handed over the case properly as per the recovery Memo along with parcels of samples in sealed condition along with application of the I.O. For sending the same to the FSL. This witness further stated that he kept the contrabands recovered along with its samples in the Police Station Malkhana in safe custody and thereafter despatched the samples to the FSL for analysis through Constable Mushtaq Ahmad. P.W.5 is Sardar Abdul Waheed AD Police Station ANF who submitted complete challan in the instant case. After completion of prosecution evidence, the accused were examined under section 342, Cr.P.C. Both the accused in their statements professed their innocence and denied to have committed the offence. A bird eye view of the entire evidence led by the prosecution would vividly reveal that all the witnesses despite searching and stern cross- examination remained unshaken, rather complete unanimity was found in their statements while narrating the facts on all material particulars, especially the cross-examination of P.W.1 which remained totally unshaken. The defence has completely failed to prove through tangible and confidence inspiring evidence that the accused were falsely implicated as all the P.Ws. Had no interest, enmity or ulterior motive to plant such a huge quantity of narcotics against them. The narration given by all the P.Ws. Remained consistent and confidence inspiring. Thus the question of false implication is too remote a possibility.
' However, they in a futile attempt tried to make out a case by saying that nothing was recovered from the truck driven by them or they did not know about the presence of the contraband in the truck in question and as such have been falsely charged in the case. But strangely enough, they neither opted to produce defence witness nor desired to depose on oath in support of their contentions which fact too prove their guilt. Moreso, under section 29 of the CNSA, the appellants, both hailing from Muzaffargarh, were required to have discharged their statutory burden by leading cogent and confidence evidence to prove their innocence, but they badly failed to discharge this liability. We are fortified in our view by the dictum laid down by the honourbale Supreme Court in the cases reported as PLD 2006 Supreme Court 61 and PLD 2010 Supreme Court 1052 and a reported case of this court cited as 2012 YLR Peshawar 1124. We, thus, are convinced that the charge against the appellants has been proved beyond any shadow of doubt. The learned trial Court thus rightly convicted and sentenced the appellants. The impugned findings being free from any infirmity are not open to any interference. The appeals being without any merit are thus dismissed.
' While parting with the judgment, it would be worthwhile to note that diabolic business of drug trafficking has become a global phenomenon which is destroying the social and ethical norms of the people, especially poor segments of the society and as such leaving in everlasting and indelible scars on the economy as well. Therefore, the courts cannot shut its eyes and no leniency should be given to such drug paddlers. The law enforcing agencies too shall tactfully deal with such elements with iron hands and keep their eyes open as the drug barons are not only using children and womenfolk for their malicious designs but they also changing their techniques.
Therefore, combined efforts are needed by all stakeholders to eliminate this menace from the society so that a realistic dream of narcotics free state can be realized.