(Supreme Court Monthly Review)

                            

WASEEM LAW ASSOCIATES:

 [1993]                                           Supreme Court Monthly Review

strong motive for minimising his own part in any criminal transaction and thus his evidence must be treated with greater caution than that of an established approver.

13. Hafiz S.A. Rehman has also again invited our attention to the case of Jan Muhammad v. The State (supra), (relied upon by him) and has pointed out that the learned Judge therein highlighted the factum that the case of Keshav Vasudeo Kortikar v. Emperor (supra) does not lay down any broad proposition contrary to the above provision of section 133 of the late Act.

14. We may observe that there is no doubt that P.W.24 Raza Muhammad Qureshi was an accomplice to the commission of the offence which was the subject-matter of prosecution in the present case. However, at the same time, he cannot be equated with an ordinary accomplice, as for the offence in question, he was convicted by Oslo Court, Norway, and was awarded 10 years' R.I. He was brought to Pakistan on the basis of the request made by the Government of Pakistan while he was serving out the above sentence of 10 years' R.I. as in the absence of his evidence, the present appellants could not have been convicted. He was to be taken back to the prison in Norway for serving out his above remaining sentence. In the above background, in our view, the question of pardoning him under section 337, Cr.P.C. or discharging him under section 494, Cr.P.C. was not very much relevant.

15. The learned counsel for the appellants also with vehemence invited our attention to the factum that P.W.24 Raza Muhammad Qureshi, not only before the Court in Oslo but before the trial Court in the present case, made contradictory statements, for example, in his earlier part of deposition he stated that he was class/school fellow with the appellant Hamid Hasnain, he offered to sell his flat of Karachi to Hamid Hasnain, the amount of Rs.30,000 was paid by Hamid Hasnain for the purchase of air ticket, but he was unable to adhere to the above statements when he was cross-cxamined. It was also pointed out by them that he admitted that he was dismissed from bank's service on account of embezzlement, though originally his version was different. He also admitted the factum that he entered into Germany and Norway without any Visa. He further admitted that he suspected that Hamid Hasnain and Tahir Mahmood Butt caused his dismissal from the bank service.

16. We may observe that we have kept the above facts in mind while considering P.W.24 Raza Muhammad Qureshi's evidence. We have examined it with care and caution, but we are satisfied that the conviction of the present appellants, on the basis of the material on record, has been properly recorded by the trial Court and maintained by the Federal Shariat Court.

17. We may observe that the trial Court has thoroughly discussed the evidence and has drawn correct inferences therefrom. However, we may refer the same in brief in respect of cach of the appellants.

The conviction of Munawar Hussain alias Bobi appellant is founded not only on the evidence of P.W.24 Raza Muhammad Qureshi but is also corroborated by the following picces of corroborative evidence:--

(i) According to P.W.24 Raza Muhammad Qureshi, he was directed to deliver the green colour attache case belonging to Munawar Hussain alias Bobi containing 1-1/2 kilograms of white heroin to a person named Mr. Knut at Sentrum Cinema Oslo between 12-00 noon to 1-00 p.m. on Sunday, Monday or Tuesday. He was further told that he should scratch his head, whereupon Mr. Knut would come to him and would say "Hullo Ram". Upon hearing the above confirmatory remark, he should deliver the above green colour attache case upon receipt of 1,20,000 Krowns. The above Mr. Knut was arrested, his real name was Mr. Gorge Troeber, from him a diary was recovered which contains the description of P.W.24 Raza Muhammad Qureshi, the above remark "Hullo Ram" and the name of Munawar Hussain as Bobi, and the figure of the above amount of 1,20,000 Krowns. The above diary is on record which was produced through P.W.23 Mr. Oyvind Oslen, Attache to Royal Norwagian Embassy at Islamabad, who was Detective Inspector, Oslo Drug Squad Police before his above diplomatic assignment.

(ii) Munawar Hussain alias Bobi had taken on rent an annexe of the bungalow from P.W.8 Mushtaqur Rehman, which had telephone bearing No.64257. The above witness has produced the copies of the telephone bills, which inter alia show that Munawar Hussain had phoned some one in Oslo. The above diary recovered from Mr. Knut also indicated that he had above telephone number against the name of Bobi.

(iii) P.W.25 Javed Iqbal, younger brother of P.W.24, besides deposing that P.W.24 Raza Muhammad Qureshi had informed his family members including him before leaving for Oslo that the two attache cases belonged to the present appellants, has stated that when he contacted appellant Tahir Mahmood Butt after having come to know that his brother was arrested at Oslo Airport, Tahir Mahmood Butt sent for Munawar Hussain, for whom he waited for some time but when he was going back, he met Munawar Hussain down-stairs who enquired from him, whether he was the brother of Raza Muhammad Qureshi, which he replied in the affirmative. Munawar Hussain would not have come if he would have no connection with the above heroin.

(iv) The diaries which have been recovered from the appellant Tahir Mahmood Butt contained the name of Munawar Hussain alias Bobi and also indicate the payment of certain amounts. Munawar Hussain belongs to Sialkot and, therefore, he could not have any connection with Tahir Mahmood Butt if he would not have been involved in the above transaction.

18. As regards Hamid Hasnain, the appellant in Criminal Appeal No.20(S) of 1989, it may be observed that the testimony of P.W.24 Raza Muhammad Qureshi is corroborated by the evidence of P.W.25 Javed Iqbal, who had deposed that he went to the Airport to see off his brother, P.W.24, Raza Muhammad Qureshi, his wife, P.W.10 and their child, and when his brother and the appellant Tahir Mahmood Butt came out after reporting for boarding, they went towards the parking lot to a car in which appellant Hamid Hasnain was sitting with the absconding accused Abdullah Jan and another person. It was urged by Malik Rabnawaz Noon, learned counsel for the above appellant, that P.W.25 in his police statement had not stated so but we have verified from the original record and found that he had stated so. The above appellant had no occasion to go to the Airport alongwith the absconding accused Abdullah Jan if he had no interest in the above heroin. The above piece of evidence, in our view, furnishes the required corroboration, keeping in view that the brown attache case belonged to above three persons, namely, Hamid Hasnain, Tahir Mahmood Butt and the absconding accused Abdullah Jan as per prosecution case.

19. As regards appellant Tahir Mahmood Butt in Criminal Appeal No.21(S) of 1989, it may be stated that there is overwhelming corroborative evidence in the following form:---

(i) The recovery of diary Exh.PCC/1 from him containing the address of one Nawaz at Moss Norway, to whom brown colour attache case was to be given as per direction of the above appellant, according to P.W.24 Raza Muhammad Qureshi. The above diary also contains besides the name of Bobi, of Manzoor Hussain who was convicted for smuggling of heroin as per P.W.22 Mr. Steiner Bragstad, whose telephonic conversation in Pakistan was taped by the above witness alongwith the other Pakistanis, namely, Abid Khan, Arshad Shah, Khalid Aslam, who were also convicted and sentenced. The above diary was proved inter alia by P.W.9 Sh. Muhammad Din, handwriting expert, F.L.A.

(ii) Telephone bills showing that Tahir Mahmood Butt had phoned persons in Norway.

(iii) P.W.10 Fauzia Raza and P.W.25 Javed Iqbal have deposed that when P.W.24 Raza Muhammad Qureshi was going to Oslo, the above appellant also came at the Airport and arranged the clearance of the luggage by the Customs Authorities.

(iv) P.W.11 Mrs. Absar Ashfaq, who has stated that after she was phoned by P.W.10 Fauzia Raza from Oslo that P:W.24 Raza Muhammad Qureshi was arrested at the Airport for smuggling heroin, she contacted the appellant Tahir Mahmood Butt, who gave telephone number of one Rashid at Oslo for contacting him to find out about her brother.