Mian KHALID PERVIZ vs State S — 2021 SCMR 522 SUPREME-COURT

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Mian KHALID PERVIZ VS State S. 9(c)---Possession and transportation of 12 kilograms of charas---Reappraisal of evidence---Accused in his defence contended that a day before the FIR was lodged against him, Anti-Narcotics Force (ANF) officials abducted him and an Inspector demanded illegal gratification of Rs.05 million; that on the same day there was dacoity/robbery of different articles including prize bonds from his house, whereafter he was allegedly taken/shifted to police station along with his vehicle, which contained narcotics hidden in secret cavities---Held, that after perusal of record it was not understandable as to why the accused was chosen for alleged abduction at daytime, followed by the alleged raid, dacoity/robbery and demand of illegal gratification and that too in the month of Holy Ramadan---Besides no separate report was lodged in the police station for such wrongdoings of the ANF---Brother of the accused claimed to be present at the time of alleged abduction of the accused, but he moved an application to the concerned SHO/Police Station to trace the location of mobile phones and the vehicle of the accused, about twelve days after his alleged abduction; this appeared to be an attempt of maneuvering evidence in defence as it was hard to believe that for about twelve days the accused's family or his brother were unaware of the recovery of narcotics from the accused---Accused also alleged that at the time of his abduction his son and driver were also with him, however both of them were not produced in defence---Investigating Officer of the case during personal search of the accused had also recovered fake service cards and stamps---Officer of the vehicle tracking company, who appeared as a defence witness in court, produced map of movement history of the vehicle of the accused comprising three sheets (to establish his alleged abduction) but the map available on the paper book consisted of five sheets without exhibit mark---Court could not rely on or consider such documents which were not part of the record---Defence evidence led by the accused was not of such credence and trustworthiness that it could shatter the confidence inspiring evidence of prosecution---Appeal was dismissed and conviction and sentence recorded against accused were maintained.

Mian KHALID PERVIZ vs State S — 2021 SCMR 522 SUPREME-COURT

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