Citation Name: 2023 YLR 1855 PESHAWAR-HIGH-COURTBookmark this Case HASSAN SHAH alias CHOUDHRY vs State Ss

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Citation Name: 2023 YLR 1855 PESHAWAR-HIGH-COURTBookmark this Case HASSAN SHAH alias CHOUDHRY VS State Ss. 9(d), 11(c) & 27---Trafficking of narcotics, possession of methampheta-mine and heroin---Appreciation of evidence---Sentence, reduction in---Warrant not obtained from the competent Court of law---Accused was found in possession of 1300 grams ICE and 1300 grams heroin and other accused was also found in possession of 1350 grams ICE, whereas the third accused was found in possession of 150 grams ICE and a pistol---Defence objected that warrant under S. 27 of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, was not obtained from the competent Court of law---Validity---Information was received by the police while they were on routine patrol and thereafter they straightaway rushed to the place of occurrence---At times law enforcing agencies were left with no choice but to conduct raid for the reason that any sort of delay would give time to the culprits to leave the place of occurrence or to dispose of the incriminating articles---In the present situation the raid had been conducted according to law by considering the facts and circumstances of the case---In addition to that, the provisions of S. 27 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, and Ss. 20 & 21 of Control of Narcotic Substances Act, 1997, were almost identical to each other and said provisions were directory and not mandatory in nature---Furthermore, S. 28 of the Act, 2019, subject to proviso of subsection (1) of S. 27, empowered Authorized Officer to enter any building, place, premises, dwelling house or conveyance on receipt of information or knowledge, if he is of the opinion that narcotic substances is kept or concealed, and obtaining search or arrest warrant from the Special Court will give opportunity for concealment of evidence or facility for escape to any person involved in commission of offence---Compliance of proviso of subsection (1) of S. 27 was also not attracted in the present case---Circumstances established that the prosecution had proved its case against the accused persons beyond shadow of reasonable doubt, however, accused persons were first time offenders and there was nothing on record that they were previously involved in such like cases and due to certain shortcomings and negligible inconsistencies in the evidence which would have bearing on the quantum of sentence, their sentences were reduced from fourteen years to ten years and from ten years to three years respectively---Appeal was dismissed with said modification in sentences. Citation Name: 2023 YLR 1855 PESHAWAR-HIGH-COURTBookmark this Case HASSAN SHAH alias CHOUDHRY VS State Ss. 9(d) & 11(c)---Criminal Procedure Code (V of 1898), S. 103---Trafficking of narcotics, possession of methampheta-mine and heroin---Appreciation of evidence--- Sentence, reduction in---Receiving made from a narcotics den--- Non-association of private witnesses---Not required---Accused was found in possession of 1300 grams ICE and 1300 grams heroin and other accused was also found in possession of 1350 grams ICE, whereas the third accused was found in possession of 150 grams ICE and a pistol---Defence contended that the place of occurrence was raided in violation of S. 103 Cr.P.C.---Validity---In S. 31 of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, it was specifically mentioned that the provisions of S. 103, Cr.P.C. were to be strictly complied with only in case of dwelling house---Nothing was available on record to show that the place of occurrence was a dwelling house rather the same as per prosecution was a den of narcotic---Dwelling house is a place or building which is actually and principally used for human residence---Accused persons in their statements under S. 342, Cr.P.C., admitted that the place of occurrence was an Adda (Den) and not a dwelling house---Thus, non-compliance of the provision of S. 103, Cr.P.C., would not vitiate the recovery proceedings---Circumstances established that the prosecution had proved its case against the accused persons beyond shadow of reasonable doubt, however, accused persons were first time offenders and there was nothing on record that they were previously involved in such like cases and due to certain shortcomings and negligible inconsistencies in the evidence which would have bearing on the quantum of sentence, their sentences were reduced from fourteen years to ten years and from ten years to three years respectively---Appeal was dismissed with said modification in sentences. Citation Name: 2023 YLR 1855 PESHAWAR-HIGH-COURTBookmark this Case HASSAN SHAH alias CHOUDHRY VS State Ss. 9(d) & 11(c)---Trafficking of narcotics, possession of methampheta-mine and heroin---Appreciation of evidence---Sentence, reduction in---Safe custody and transmission of recovered substance for analysis established---Accused was found in possession of 1300 grams ICE and of 1300 grams heroin and other accused was also found in possession of 1350 grams ICE, whereas the third accused was found in possession of 150 grams ICE and a pistol---Samples were received in the Forensic Science Laboratory on the very next date of the recovery, therefore, possibility of tampering or manipulation was ruled out---Complainant had stated that he had himself brought the samples of the contraband narcotics to the Police Station and the same were handed over to Moharrir and the Moharrir had handed over to Constable for onward transmission to the Forensic Science Laboratory---Thus, the prosecution was able to establish the recovery of contraband from possession of the accused persons---Furthermore, the safe custody and transmission of the samples right from the place of recovery to Forensic Science Laboratory was also established---Circumstances established that the prosecution had proved its case against the accused persons beyond shadow of reasonable doubt, however, accused persons were first time offenders and there was nothing on record that they were previously involved in such like cases and due to certain shortcomings and negligible inconsistencies in the evidence which would have bearing on the quantum of sentence, their sentences were reduced from fourteen years to ten years and from ten years to three years respectively---Appeal was dismissed with said modification in sentences. Citation Name: 2023 YLR 1855 PESHAWAR-HIGH-COURTBookmark this Case HASSAN SHAH alias CHOUDHRY VS State Ss. 9(d), 11(c) & 27---Trafficking of narcotics, possession of methampheta-mine and heroin---Appreciation of evidence---Sentence, quantum of---Accused was found in possession of 1300 grams ICE and 1300 grams heroin and other accused was also found in possession of 1350 grams ICE, whereas the third accused was found in possession of 150 grams ICE and a pistol---Record showed that the accused persons were first offenders and there was nothing on record that they were previously involved in such like cases---Moreover, there were certain short comings and negligible inconsistencies in the evidence which would have bearing on the quantum of sentence only and not on the guilt of the accused persons, therefore, conviction of the accused persons under S. 9-D of the Act, 2019, was maintained, however, their conviction and sentence under S. 11-C of the Act, 2019, was reduced from fourteen (14) years rigorous imprisonment to ten (10) years rigorous imprisonment---Quantity of narcotic recovered from the third accused was a borderline case between Ss.11-A & 11-B of the Act, 2019, therefore his sentence was reduced from ten years to three years---Appeal was dismissed with said modification in sentences.

Citation Name: 2023 YLR 1855 PESHAWAR-HIGH-COURTBookmark this Case HASSAN SHAH alias CHOUDHRY vs State Ss — 2023 YLR 1855 PESHAWAR-HIGH-COURT

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