' Appellant has assailed a judgment delivered by the Court of Additional Sessions Judge-I, Quetta on 18-9-1998 whereby he has been convicted under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, hereafter to be referred to as the said Order, and is sentenced to R.I. For 3 years and also to pay a fine of Rs,10,000. In default of payment he has to further undergo S.I. For five months. Benefit of section 382-B, Cr.P.C. Is also extended.
2. Story of prosecution, in brief, is that on 17-7-1998 at about 4/20 p.m. Complainant Ghulam Mustafa Gaman (P.W.2), S.H.O., Police Station Kuchlak, District Quetta, was on patrol duty accompanied by other personnel of police. When they reached near Kith Domran, they found the appellant in suspicious condition having alighted from a bus coming from Chaman. He was proceeding towards gardens that he was caught hold. From his personal search, three pieces of opium covered with plastic were recovered from his waste-coat which were found sewed inside the said waste-coat. It was weighed and found to be four Kgs. Recovered narcotic and waste-coat were taken into possession through memo. Of recovery Exh.P/3-A and were sealed into parcel. A Murasila Exh.P/2-A was sent to the Police Station Kuchlak where an F.I.R. Was registered. The investigation was entrusted to Hameedullah (P.W.4), S.I.P. During investigation this Investigating Officer went on leave and then another Investigating Officer Asim Shafi (P.W.3) S.I. Completed the investigation. Appellant was challaned and charged under Article 3 of the said order, to which he did not plead guilty.
3. To prove its case prosecution examined 4 witnesses. Syed Abdul Jabbar (P.W.1), Chemical Expert, Crimes Branch, F.S.L., Quetta proved Exh.P/1-A which is his report of chemical analysis of the parcel containing 4 kgs which proved to be raw opium. He has deposed that the parcels were received by the laboratory on 28-7-1998.
Ghulam Mustafa (P.W.2), complainant, has proved the contents of his Murasila Exh.P/2-A. He has also proved F.I.R. Exh.P/2-B and challan Exh.P/2-C. Asim Shafi (P.W.3), A.S.I. Has proved his being one of the members of the raiding party and has corroborated the complainant (P.W.2). He has proved his investigations since 21-81998 as the first Investigating Officer had gone on leave. Hameedullah (P.W.4) has proved that he was working as S.1. At Police Station Kuchlak on 17-7-1998. He was entrusted with investigation and took necessary steps in this regard. Then he went on leave and handed over the file to S.H.O.
' In this statement under section 342, Cr.P.C., appellant has denied all the specific questions. To question No,9, he has replied as under:-- {{URDU TEXT}}
4. I have heard the counsel for appellant and State. The counsel for appellant has mainly relied on the following contentions:-
(1) Advance age of the appellant.
(2) Violation of mandates of section 103, Cr.P.C.
' The first contention is based on the following admission of Ghulam Mustafa (P.W.2):- {{URDU TEXT}} ' The learned counsel's contention that at this advanced age, carriage of 4 kgs. Of weight is not possible is patently erroneous and is rejected accordingly. The second contention is also misconceived in view of the principles enunciated by the appeal Court and cited as, inter alia, 1994 SCM R 1543, 1995 SCM R 1793.
5. The counsel for State has contended that the prosecution has been able to prove the guilt of accused beyond reasonable doubts. However, he has conceded that the advanced age of the appellant is creating mitigating circumstances. In view of this position, the impugned judgment and conviction is upheld., However, the sentence is reduced from R.I. Of 3 years to R.I. Of 2 years and fine is also reduced from Rs,10,000 to Rs,2,000. In case of default in payment of this fine, appellant has to undergo further S.I. For one month. Benefit of section 382-B, Cr.P.C. Shall remain intact. With these modifications appeal is dismissed.