Rozi Khan alias Chako alias Dolat Khan S/O Gul Muhammad vs The State Through Prosecutor General

Balochistan High Court · 2022 · Before Hon'ble Justice Shaukat Ali Rakhshani

Calls in question the veracity and legality of the judgment dated 20th April 2022 ("impugned judgment") handed down by learned Special Judge of the court constituted under the Control of Narcotic Substances Act, 1997-Sessions Judge, Pishin ("Trial Court"), whereby appellant was convicted under Section 9 (c) of the Control of Narcotic Substances Act, 1997 (“Act of 1997”) and sentenced to suffer imprisonment for one year RI with fine of Rs.15000/- or in default of fine to further undergo fifteen (15) days SI, extending benefit of Section 382-B of Criminal Procedure Code, 1898 ("CrPC") in a case bearing FIR No.118/2021 (Ex.P/4-A) registered with Police Station City, Pishin for the appellant having been found in possession of 1020 grams of backed charas.

2. Crime report (Ex.P/1-A) lodged by complainant Muhammad Idrees SI (PW-1) reveals that on 30th July 2021, he was Crl. Appeal No.203/ 2022 (2) Only for viewing purpose. Contact office for certified copy. on patrol duty along with other police contingent and when they reached near Old Graveyard at about 9:00 pm, a person on seeing them tried to run away, who was apprehended and known to be Rozi Khan alias Chako; he was found to be in possession of 1020 grams of backed charas, whereof 05 gram was separated as sample, secured through two separate parcels bearing Parcel No.1 & Parcel No.1-A respectively. Samples were sent to Forensic Science Laboratory (“FSL”), whereof report (Ex.P/4-C) was issued by Federal Analyst, Government of Balochistan, Quetta.

3. After necessary investigation, the appellant was remanded to judicial custody and was sent up to face the trial before the Trial Court. In order to establish the case, the prosecution produced as many as four witnesses, whereafter on close of the prosecution side, the appellant refuted the allegations put forward by the prosecution as contemplated under Section 342 CrPC as well as stepped into the witness box in his defence. Conclusion of the trial, followed in a verdict of guilt in the above terms.

4. Learned counsel for the appellant inter alia contended that the prosecution has failed to establish safe transmission of the Narcotics, offending Rule 6 of the Act of 1997 (Government Analyst) Rules, 2001 (“Analyst Rules of 2001”). He maintained that there are material contradictions, which were overlooked by the Trial Court, Crl. Appeal No.203/ 2022 (3) Only for viewing purpose. Contact office for certified copy. which makes the impugned judgment liable to set aside. Added that name of the appellant is Daulat Khan son of Abdullah instead of Rozi Khan alias Chako son of Gul Muhammad. Adversely, learned APG controverted the contentions so put forth by learned counsel for the appellant and urged that none of the provisions referred to by him have been violated while making recovery of the narcos. He supported the impugned judgment and submitted that the same does not suffer from any infirmity, illegality or misleading of evidence, thus, the appeal merits dismissal.

5. Case of prosecution hinges upon the testimony of seizing officer Muhammad Idrees SI (PW-1), Shaukat Ali HC (PW-2), recovery witness of the memo (Ex.P/1-A) who produced contrabands contained in parc…

Opening of the judgment. Loading the full judgment on LexPK…