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Criminal Petition for Special Leave to Appeal No. 303 of 1969, decided on 29th January 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th June 1969, in Criminal Revision No. 934 of 1969).
Art.58(3)-Petition for Special Leave to Appeal in criminal matters-Defence story not inspiring confidence and no enmity alleged against prosecution witnesses--- High Court, held, rightly upheld petitioner's conviction-Leave to Appeal refused.
S. M Hassan, Advocate Supreme Court instructed by Rana
Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner.
Nemo for the State.
Date of hearing: 29th January 1970.
.-The petitioner has been convicted under section 61 of the Punjab Excise Act for possession of 8 seers and 1 chattank of illicit charas of the value of Rs. 3,000. The recovery was effected by the Excise Officials in the presence' of Mehraj Din, P. W. 2, Atta Muhammad, P. W. 3 and Fazal Elahi, P. W. 5, none of whom had any animus against the petitioner.
It was contended before the Courts below that Mehraj Din, Atta Muhammad and Fazal Elahi were police stock witnesses and since they did not belong to the locality where the recovery was effected (Lohari Bazar, Lahore) there was contravention of section 103 of the Criminal Procedure Code. It was found that all the three witnesses were residents of the areas close to Lohari Mandi where recovery was effected and that while Mehraj Din and Fazal Elahi had assisted the Excise Officials in the past, Atta Muhammad could not be described as a police stock witness. He is a Zamindar and lives in Sheikhupurian Bazar situated at a distance of about one mile from the place of recovery.
In support of the petition for leave to appeal the same grounds were urged as were ruled out by the Courts below. It is difficult to believe that the Excise authorities, without any strong motive provided illicit charas worth Rs. 3,000 to falsely implicated the petitioner. No such enmity was even alleged against any on of the official witnesses. The High Court has thus rightly upheld the petitioner's conviction.
The petition for leave to appeal is dismissed.
Leave refused.
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