4800 KG Narcotics (Charas) Case Law - Peshawar Pakistan

PLJ 2013 Cr.C. (Peshawar) 532

Present: Shah Jehan Khan Akhunzada, J.

STATE through Regional Director ANF, Peshawar--Petitioner

versus

IRSHAD KHAN--Respondent

Crl. R. No. 97-P of 2012, decided on 8.4.2013.

Control of Narcotic Substances Act, 1997 (XXV of 1997)--

----S. 9(c)--Criminal Procedure Code, (V of 1898), S. 439--Criminal revision--Conviction and sentence--Challenge to--Accused persons were found in possession of 4.800 kilograms charas pukhta and one kilogram opium which they were trafficking through motorcar--After completion of investigation, the case was put to trial before the Judge, Special Court (CNS), where the accused were formally charged--During the trial accused moved an application to the effect that they are ready to admit their guilt and their joint statement was recorded and in the light of the said joint statement both the accused were convicted u/S. 9(c) CNSA and sentenced to undergo to six months R.I. with a fine--Criminal Revision was dismissed.          [P. 533] A

Mr. Atif Nazir, Special Public Prosecutor ANF for State.

Mr. Muhammad Saleem Shakir, Advocate for Respondent.

Date of hearing: 8.4.2013.

Judgment

Through this single judgment I propose to dispose of the instant Criminal Revision No. 97-P/2012 as well as the connected Criminal No. 115-P/2012 as both of them are the outcome of case FIR No. 01 dated 3.1.2012 under Section 9(c) CNS Act, 1997 registered at Police Station, ANF, Peshawar.

2.  Short facts of the case are that on 3.1.2012 at about 7.30 hours near Motorway Tool Plaza accused Shah Zaib and Alamgir were found in possession of 4.800 kiolgrams charas pukhta and one kilogram opium which they were trafficking through Motorcar No. LOS-4034.

3.  After completion of investigation, the case was put to trial before the Judge, Special Court (CNS), Peshawar where the accused were formally charged on 10.2.2012. During the trial on 22.11.2012 the aforesaid accused moved an application to the effect that they are ready to admit their guilt and their joint statement was recorded and in the light of the said joint statement both the accused were convicted under Section 9(c) CNSA and sentenced to undergo to six months R. I. with a fine of Rs. 50,000/- each or in default to further undergo two months S.I.

4.  At the very outset learned counsel for the respondent pointed out that since the main case has been disposed of and the order regarding the case property has also been passed by the learned trial Court therefore, these Cr. Revisions have become infructuous. The learned Special Public Prosecutor for ANF did not controvert the above proposition.

5.  In this view of the matter, both the criminal revisions are dismissed having become infructuous.

(A.S.)   Revision dismissed