Waqar Ahmad Seth, J.--On receipt of information from high ups that a huge quantity of narcotics would be smuggled from tribal territory to Punjab through a motor Car Bearing No, LEE-5155, Mushtaq Ahmad, SI, Police Station ANF, Peshawar, formed a raiding party and fenced the road near Motorway Interchange Charsadda. The said motorcar after its arrival to the spot was stopped and the person who was driving it, disclosed his name as Mama! Khan, appellant herein. The motorcar was subjected to a thorough search which led to the recovery of contraband weighing 20 KGs and a case under Section 9 CNSA was registered against him, vide FIR No, 51 dated 13.7.2012 in Police Station ANF, Peshawar.
2. After the arrest of the appellant and completion of the investigation, he was forwarded to the Court of the learned Judge Special Court for trial, who on its conclusion convicted and sentenced him to life imprisonment with a fine of Rs, 5,00,000/- or in default to undergo S.I. For four months, vide judgment dated 5.6.2013. Benefit of Section 382-B of the, Cr.P.C. Was, however, extended to him, hence this criminal appeal.
3. Learned counsel appearing on behalf of the appellant contended that the appellant is innocent and has falsely been implicated in the instant case. He further added that when the appellant being a driver by profession was telephonic ally informed by one Hamidullah, the owner of the vehicle, to take his car, parked in his house, to Mardan, he just a carrier could not be saddled with conscious knowledge of the incriminating substance. Failure on the part of the Prosecution to produce evidence, the learned counsel commented, to show that the appellant had knowledge of the narcotics lying in the car or he had abetted or conspired with the owner of the vehicle in the commission of the crime, it would militate against the veracity of the Prosecution version and that the evidence bristling with loopholes is not worthy of reliance. The learned counsel while concluding his arguments insisted that that the appellant had no knowledge about the hiding of the narcotics in the CNG Tank and that the judgment of the learned trial Court is the result of misreading and non-reading of evidence is liable to be set aside.
4. As against that, the learned counsel appearing on behalf of the State contended that when there is no motive on the part of the P.Ws. To falsely implicate the appellant or foist recovery on him, the charge against him stands proved beyond doubt. Learned counsel further argued that where evidence on the record is consistent and confidence inspiring and there is absolutely nothing on the record to show that it was motivated by any ill will, it cannot be said that the evidence have been based on discrepancies. Minor discrepancies, the learned counsel added, are quite apt to occur even in the statements of the witnesses who are perfectly honest and that the conviction and sentence recorded by the .Learned trial Court is not open to any interference.
5. We have gone through the record carefully and considered the submissions of the learned counsel for the parties.
6. It is true that narration given by the P.Ws. Is consistent. It is also true that the appellant admitted in his cross-examination that none of the P.Ws. Has any ill will to falsely implicate or to falsely depose against him, but calling of the appellant by the owner on telephone to take his car, parked in his house, to Mardan, advance spy information and on the basis whereof, the search of the vehicle and recovery there form, show that the incriminating substance was planted by someone to make out a case against the appellant, Yes, P.Ws. Appearing in the Court may not have any axe to grind against the appellant, but the possibility that some one harboring grudge against the appellant, planted heroin in the CNG Tank set up in the vehicle and then giving information to the Police in this behalf cannot be ruled out. Had the substance been recovered from the personal possession of the appellant the position would be different. But where it had been recovered from the CNG Tank lying in the vehicle, we have to look around to see something showing that where he was in conscious possession of contraband substance or not. When no such evidence is available, we doubt and have reservation about its conscious possession. Statement of the appellant recorded under Section 342 Crl. P.C. Showing that he was not conscious of the substance, cannot be ignored altogether simply because he happened to be a driver, that too, when he categorically disowned the heroin and stated that on the relevant day, he was telephonic ally informed by the owner of the vehicle to take his car parked in his house to Mardan. Though the appellant was intensively interrogated but nothing was found during the investigation as could point to his complicity in the crime. It has to be considered and given due weight, when it fits in with the surrounding circumstances. In the absence of any corroboratory evidence, it would not be in accord with the safe administration of justice to maintain the conviction of the appellant, especially when it is all the more easy to plant such substance in a vehicle, that tool, parked in the house of its owner. We in the circumstances of the .Case hold that the charge against the appellant has not been proved beyond any shadow of reasonable doubt. We, therefore, by extending the benefit of doubt to the appellant, allow this appeal, set aside the convictions and sentences recorded by the learned trial Court and acquit him of charge. He be set free forthwith, if not required in any other case.
7. For the reasons discussed above, this appeal is allowed, the impugned conviction and sentence recorded by the learned trial Court are set aside and the appellant is acquitted of the charge. He be set free forthwith, if not required in any other case.