Agha Shah Alias Abdul Ahad S/O Shah Wali vs The State
Balochistan High Court · 2025 · Before Hon'ble Justice Muhammad Najamuddin Mengal
disposes of Criminal Appeal No.143 of 2023 filed by the appellant (convict) Agha Shah alias Abdul Ahad son of Shah Wali, against the judgment dated 31st March 2023, (“the impugned judgment”) passed by learned Additional Sessions Judge-II/Model Criminal Trial Court-I, Quetta (“the trial Court”), whereby the appellant was convicted under Section 9 (1) 3-(d) of Control of Narcotics Substances Act (Amended Act 2022) 1997 (“the CNS Act”) and sentenced to suffer imprisonment for a period of Fourteen (14) years R.I. with fine of Rs.800,000/- or in default thereof to further suffer S.I. for six (06) months, he is further convicted under Section 9(2) 4 of CNSA (Amended) 2022 and sentenced for a period of three (03) years R.I. with fine of Rs.40,000/-, in default whereof to further suffer S.I. two (2) months; with the benefit of Section 382-B Cr.P.C.
2. Concise facts narrated in the instant appeal are that on 20th October 2022, the complainant Khair Muhammad, SI/SHO lodged FIR bearing No.197 of 2022 at PS Satellite Town, Quetta alleging therein that Criminal Appeal No.143 of 2023 - 2 - Only for viewing purpose. Contact office for certified copy. on the said date he alongwith other police personnel were on routine patrolling of the area, during the course whereof, the informer informed that a person, who deals with the business of narcotics is presently having a huge quantity of contraband and is present at Nabiabad Pirkani Pul. Pursuant to such information, at about 12:10 p.m. when they reached at the said place, where found a pedestrian in suspicious condition holding a plastic bag in his left hand, who on seeing the police party tried to escape, but was overpowered by the police officials. On query, he disclosed his name as Agha Shah alias Abdul Ahad son of Shah Wali. The search of said plastic bag was conducted, which was resulted into recovery of five slabs of Charas each slab weighing 1000-grams, total weighing 5000-grams Charas, the further search of plastic bag was resulted into recovery of Ice/Sheesha weighing 400-grams concealed in a white colour shopper bag, thus out of which 10/10-grams from each slab of Charas were separated and sealed in parcel Nos.1 to 5 for chemical analysis, while the remaining contraband were sealed in parcel Nos.1-A to 5-A, besides 10-grams from Ice/Sheesha was also separated and sealed in parcel No.6 for FSL, while the remaining substances were sealed in parcel No.6-A.
3. In pursuance of above FIR, the appellant was arrested, investigated and on completion thereof, he was challaned in the trial Court, which indicted the charge and on denial by the appellant, the prosecution produced Five (05) witnesses, whereafter the appellant was examined under Section 342 Cr.P.C. The appellant neither recorded his statement on oath under Section 340(2) Cr.P.C nor produced any witness in his defence. On conclusion of trial, the appellant was convicted and sentenced as mentioned above. Whereafter the instant appeal has been filed. Criminal Appeal No.143 of 2023 - 3 - Only for viewing purpose. Contact office for certified copy.
4. Arguments heard. Record perused.
5. Plain reading of entire record reveals that since it is a case of no evidence at all and the learned trial Court, while delivering the impugned judgment has reached to a wrong conclusion by awardin…
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