Muhammad Khan S/O Atta-Ullah vs The State Through Prosecutor General.
Balochistan High Court · 2023 · Before Hon'ble Justice Iqbal Ahmed Kasi
Through the instant appeal, appellant has challenged the validity of the judgment dated 30.12.2022 (“the impugned judgment’) passed by the learned Special Judge of Control of Narcotics Substance Act, 1997 Killa Saifullah (“the trial Court”), whereby, the appellant Muhammad Khan son of Attaullah was convicted under Section 6 of the Control of Narcotic Substances Act, 1997 (‘the Act of 1997’) and sentenced under column 3(e) of Section 9 of the Narcotic Substances (Amendment) Act, 2022 to suffer rigorous imprisonment for 20 (twenty) years and to pay a fine of Rs.8,00,000/- (rupees eight lac only), in default to further undergo for S.I six (06) months SI. He was also convicted under Section 6 of the Act of 1997 and was sentenced under column 7(b) of Section 9 of Control of Narcotic Substances (Amendment) Act, 2022 to suffer rigorous imprisonment for 07 (seven) years and to pay a fine of Rs.5,00,000/- (rupees five lac), in default to further undergo for a period of 06 (six) months SI. Both the Criminal Appeal No.16 of 2023 2 Only for viewing purpose. Contact office for certified copy. sentences were ordered to run concurrently with benefit of Section 382- B, Cr.P .C.
2. Precisely, facts of the instant criminal appeal are that on 10th October, 2022, complainant Adnan Fazal, SI of Police Station Killa Saifullah, lodged FIR No.58 of 2022, under Section 9(c) of the Act of 1997 with the averments that on the fateful day at about 02:00 a.m. (night) he along with other Police officials under the supervision of DSP was on area patrolling, received spy information regarding presence of suspicious person at Zhob Ada, Killa Saifullah, therefore, they rushed towards the place and when reached, found accused holding a bag in his right hand, who seeing the Police party tried to escape, but was apprehended and disclosed his name as Muhammad Khan son of Attaullah. The personal search of the accused was conducted, as a result, 09 plastic sacks, rapped in yellow solution tape, containing raw charas, weighing 10530 grams and a plastic sack rapped in yellow solution tape, containing shesha, weighing 500 grams, from a bag holding by the accused were recovered, which were taken into custody through seizure memo in presence of witnesses and the FIR was lodged.
3. The investigation was carried out by SI, Altaf Khan, and on completion, the Police report was submitted before the Court and the trial of the case was commenced.
4. The appellant/accused was supplied with copies of the case under Section 265-C, Cr.P .C.and on 10.11.2022, charge was framed and read over to the accused for committing offences pubnishable under column 3(e) and 7(b) of Section 9 of Control of Narcotic Substances Criminal Appeal No.16 of 2023 3 Only for viewing purpose. Contact office for certified copy. (Amendment) Act, 2022, to which he pleaded not guilty and claimed trial.
5. In order to substantiate the charge against the accused, the prosecution produced as many as four witnesses, which are as under: PW-1 Adnan Fazal, SI, is the complainant of the case, who produced murasla for FIR before the Court as Ex.P/1-A.
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