' Complainant Arshad Islam Shaikh, F.I.O. P.N.C.B. Unit-II, Karachi received spy information that two persons named Mumtaz Ahmad and Pirzada Sultan Ahmad will transport huge quantity of heroin on 23-10-1991 in car No.165-683 to Pearl Continental Hotel. He arranged a police party and laid picket near parking area on the Club Road. At about 18-00 hours the said car came driven by accused Mumtaz Ahmad whereas accused Pirzada Sultan Ahmad was sitting on front seat. Both the accused got down each having a brief-case in his right hand. The police party surrounded and overpowered both the accused and recovered brief-cases from them and carried out search thereof. From the brief case recovered from accused Mumtaz Ahmad 3 cloth bags each containing one kilogram of heroin powder and from the brief case belonging to accused Pirzada Sultan Ahmad two cloth bags each containing one kilogram of heroin powder were recovered. The complainant separated 5 grams of powder from each packet and prepared 5 samples for chemical analysis. He also arrested both the accused and sent written complaint to Police Station P.N.C.B. Unit-II, Karachi for registration of the case.
2. After investigation both the accused were sent up for trial before Sessions Judge, Karachi South, who charged both of them under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 to which both of them pleaded not guilty and claimed trial.
3. During the trial the State produced 4 witnesses in proof of the prosecution case whereas both the accused made depositions under section 342, Cr.P.C. Each of them also made depositions on oath and they also produced defense evidence. After the conclusion of the trial the learned Sessions Judge convicted both the accused under Article 4 of the Prohibition Order and sentenced each of them to undergo rigorous imprisonment for 10 years, to suffer 15 stripes and to pay a fine of Rs.50,000 or in default to further undergo rigorous imprisonment for 6 months each. Both the convicts have challenged their conviction and sentence by the appeal in hand.
4. I have heard learned counsel for the parties who also led me through the entire record of the case.
5. Complainant Arshad Islam Shaikh, appearing as P.W.3, corroborated the contents of the F.I.R. He also stated that he had himself recovered heroin from both the brief cases which he had recovered from each of the appellants. He further stated that he separated 5 grams of heroin powder from each packet as sample. He further stated that he prepared recovery memos. In the presence of Mashirs. P.W.1 Ghulam Rasul is a marginal witness of the recovery memos. He identified his signatures on the recovery memos. P.W.2 Sarfraz Ahmad Qureshi, Sub-Inspector is also witness of the recovery memos. P.W.4 Fazlur Rehman carried out chemical analysis of the samples which he had received on 26-11-1991 and found that each sample contained heroin.
6. In rebuttal both the accused stated that they had been falsely involved in the case and they were innocent. On oath both deposed that they wanted to go to Germany and out of Pakistan and for that purpose they had contacted one Syed Aftab Hussain, Recruiting Agent and paid him Rs.80,000. But the said recruiting agent did not send them abroad and misappropriated their amount. On their demand he promised to pay back the money at Pearl Continental Hotel but they were falsely involved in the case by him in collusion With the complainant. However, both the appellants failed to prove that they had paid any money to recruiting agent and the latter had any connection with the complainant or that they had been falsely implicated.
7. It is to be noted that heroin weighing 33 kilograms and 2 kilograms was recovered from each of the 2 appellants and such a huge quantity could not be falsely planted against each of them.
Moreover, no connection had been proved between the complainant and the recruiting agent. As such the appellants had failed to rebut the, prosecution story. From the evidence produced by the State during the trial the offence of being found in possession of huge quantity of heroin was proved against both the appellants. Each of them had been appropriately convicted and sentenced by the learned Sessions Judge, Karachi South. There is no merit in this appeal which is dismissed. However, the appellants shall be entitled to the benefit under section 382-B, Cr.P.C.