' Ghulam Mustafa, son of Wall Muhammad, caste Jat, aged 45 years, agriculturist, resident of Chak No, 81/5-R, Tehsil and District Sahiwal, has approached this Court in appeal to impugn the validity of the judgment of the learned Magistrate, Sahiwal, dated the 23rd February, 1992, whereby the appellant was convicted and sentenced as follows:--
(a) under Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 (President's Order No,4 of 1979), for selling 60 grams of Charas and 24 grams of opium, to three years' rigorous imprisonment, ten stripes of whipping and a fine of Rs, 300 failure to pay which was to entail sufferance of additional rigorous imprisonment of two months; and inder Article 4 of the Order for possessing 410 grams of Charas and 456 grams of opium, to two years' rigorous imprisonment and a fine of Rs,200.00 and for failure to pay the same to further rigorous imprisonment for a month.
' According to the prosecution version of the case laid against him, the appellant was reported to be selling Charas and opium in Faridia Park, Sahiwal. On the receipt of information about the appellant's activities Muhammad Ali Wattoo, Inspector of Police and Station House Officer, Police Station Civil" Lines, Sahiwal, P.W.4, gave to Muhammad Shahbaz, Constable, P.W.1, two currency notes of Rs, 100 each and deputed him to purchase Charas and opium from the appellant. In the meantime Muhammad Afzal Watto, alongwith other police officials, lay in wait at some distance; they saw what passed between Muhammad Shahbaz and the appellant. After a short while Muhammad Shahbaz came back with 60 grams of Charas and 24 grams of opium which he had bought from the appellant. The police party immediately thereafter caught hold of the appellant at 4-50 p.m., on the 10th March, 1991. He was found to be in possession of a bag which on search yielded 410 grams of Charas and 456 grams of opium. Muhammad Afzal Watto extracted samples of Charas and opium and covered them into sealed parcels. The remaining quantity of Charas as well as opium was made into separate sealed packets. A sum of Rs, 600 in the shape of currency notes was recovered from the right side pocket of the shirt of the appellant. Muhammad Afzal Watto took in his possession the sealed parcels as well as money vide the memoranda, Exhs. PA., P.B. and P.C. which bear the attestation of Muhammad Shahbaz, P.W.1 and Jehan Khan, Sub- Inspector of Police (not produced). Exh.P.D. is the report of the incident drafted by Muhammad Azim Khan and on its basis case against the appellant was registered at Police Station Civil Lines, Sahiwal.
2. The appellant denied sale and possession of Charas and opium as alleged by the prosecution.
He gave a lie to the fact that he had been caught hold of by the police with Charas and opium. He described the case against him to be false and result of fabrication by the police. He examined himself on oath and produced two witnesses. Allah Raham, D.W.1 and Ghulam Muhammad, D.W.2 to bear out his innocence and good character.
3. As regards sale of Charas and opium the evidence on the record consists of the bare oral deposition of Muhammad Shahbaz. None else knew what conversation took place between Muhammad Shahbaz and the appellant in respect of alleged sale of Charas and opium. Merely on the evidence of the fake purchaser it would be improper to hold that charge of sale has been established. Consequently the conviction of the appellant touching sale of intoxicants under Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979, recorded by the learned trial Court cannot stand and the same is set aside. Alongwith it goes the sentence of three years' rigorous imprisonment, ten stripes and fine of Rs,300 imposed upon the appellant by the learned trial Court in regard to the said conviction.
4. It was difficult for the learned counsel for the appellant successfully to assail the correctness of the finding of the learned trial Court pertaining to guilt of the appellant regarding possession of 410 grams of Charas and 456 grams of opium. Muhammad Shahbaz and Muhammad Afzal Watto confirmed r very of 410 grams of Charas and 456 grams of opium from the bag which the appellant was carrying when he was arrested. These police officials are not shown to have any enmity with the appellant nor any motive for falsely implicating him in the case. Even the appellant admitted that he had no enmity with the police. Therefore, prosecution evidence establishing possession of the intoxicants by the appellant cannot be easily brushed aside. Believing the same proves the charge of possession of Charas and opium by the appellant. Hence the conviction of the appellant under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, is affirmed. The learned counsel for the appellant, in view of small quantity of intoxicants, prayed for reduction of sentence. The sentence of two years' rigorous imprisonment given to the appellant by the learned trial Court is reduced to one year's a rigorous imprisonment. ' ' The sentence of fine of Rs, 200 is left undisturbed. The appeal is partially accepted.
Appeal partially accepted..