Qazi Muhammad Amin Ahmed, J. Jail Petition No.594 of 2018, filed by Khan Muhammad is barred by 35 days, however , since the petitioner is in receipt of a guilty verdict with corporal consequen ces, we consider it expedient to attend his plea on merit alongside Jail Petition No.480 of 2018 filed by his co-convict Abdul W ahab.
2. The petitioners were surprised by a contingent of Police Station A-Section Thal, District Jacobabad, on patrol, and found in possession of Charas. According to the prosecution, Abdul Wahab was carrying 7.8 kilograms whereas Khan Muhammad 8.2 kilograms. Contraband was secured vide inventories. Separated samples were forensically examined with confirmatory results. Upon conclusion of trial, the petitioners were returned a guilty verdict by a learned Special Judge (CNSA) Jacobabad vide judgment dated 22-11-2017; convicted under Section 9
(c) of the Control of Narcotic Substances Act, 1997, Abdul Wahab was sentenced to 10-years RI whereas Khan Muhammad to 11-years RI alongside fines and consequences in the event of default with benefit of section 382-B of the Code of Criminal Procedure, 1898; their appeals in the High Court met with no better fate vide impugned judgment dated 02-05-2018 and this brings them to this Court.
2. Heard. Record perused.
3. Prosecution case is, primarily, structured upon statements of Izhar Ali Shah, ASI (PW-1), Muhammad Ayub (PW-2) and Abdul Haq, Inspector (PW-4); we have gone through their statements and found them in a comfortable unison, despite flux of time, on all the salient aspects of the prosecution case, in terms of interception of the petitioners and recovery of contraband, they are consistent, straightforward and confidence inspiring and their statements cannot be discarded merely on account of absence of a witness from the public; people seldom come forward to perform their civic responsibilities and official witnesses are no less credible or trustworthy provided their statements rang true, as is the case in hand. Learned counsel for the petitioners, despite being at his best, has not been able to point out any serious flaw or infirmity that may be viewed as material or substantial in nature in the statements of the prosecution witnesses. Much stress laid by the learned counsel on a typographical error is not of much consequence, as the correct volume of contraband was put to the petitioners in the charge. Petitions fail. Dismissed.