WASEEM LAW ASSOCIATES:
[1993] Supreme Court Monthly Review
2. The brief facts are that on 14-12-1983 Raza Muhammad Qureshi (P.W.24) smuggled 3-1/2 kgs. of heroin concealed in the bottom of two suit-cases from Islamabad Airport to Norway i.c. one brown and the other green. When he reached at Oslo Airport Norway on 15-12-1983, he was arrested. He was tried and sentenced to 10 years' R.I. by the Oslo Court. During the investigation it was revealed that some other persons from Pakistan were also involved in the smuggling of heroin, namely, inter alia the present three appellants. Mr. Kristan Nicolaisen, Public Prosecutor, Oslo Norway (P.W.19) reported the matter in writing to the Director-General, Federal Investigation Agency, Islamabad (Exh.P.W.19/1). Upon receipt of the same, F.I.R. (Exh.P.W.26/1) was recorded at Special Investigation Unit/F.I.A., Islamabad. After investigation, as many as six challans were submitted inter alia against the present appellants, namely, Challans Nos. 1, 2, 3, 4, 5 and 6. It may be pertinent to state that Challan No.4 related to the present case, whereas the other challans pertained to other smuggling transactions, which are not the subject-matters of the present appeals and which, according to the learned counsel for the appellants, resulted into acquittal. Be that as it may, the prosecution case în respect of the above Challan No.4 was that in November, 1983, appellant Hamid Hasnain asked Raza Muhammad Qureshi (P.W.24) to go to the house of appellant Tahir Mahmood Butt. It was alleged that when Raza Muhammad Qureshi went there, the above two appellants alongwith Abdullah Jan (absconder) were present. They told him that he would be given an attache case containing heroin, which he should take to Norway. They offered to pay him Rs.1,00,000, air ticket and $ 1000. It was further alleged that appellant Tahir Mahmood Butt on 6th or 7th December, 1987, sent for Raza Muhammad Qureshi (P.W.24) and gave him at his house two suit-cases. He allegedly told him that one of the two suit-cases of brown colour contained two kgs. of brown heroin belonged to him, Hamid Hasnain and Abdullah Jan, absconder.
He also told him that the second attache case of green colour had 1-1/2 kgs. of white herain, which belonged to appellant Munawar Hussain alias Bobi, who would later on give him direction for its disposal. Appellant Tahir Mahmood Butt also allegedly told the above witness that somebody would pay him 1,20,000 Krowns in Norway. After that, the above witness took the two suit cases containing heroin to his house. Later on, Hamid Hasnain allegedly gave him Rs.30,000 for purchase of air ticket. On 9-12-1983 appellant Munawar Hussain met him and enquired from him if he had been given his attache case by appellant Tahir Mahmood Butt, to which the above witness answered in the affirmative. It was also alleged that appellant Tahir Mahmood Butt then told the above witness that on next Sunday, Monday or Tuesday between 12 noon and 1-00 p.m., a person named Mr. Knut would meet him at Sentrum Cinema, Oslo, and on his scratching head, Mr. Knut would approach him and would address him by remarking "Hullo Ram" and after the confirmation, the witness should give him green colour attache case who would in return pay him 1,20,000 Krowns. It was also alleged that appellant Tahir Mahmood Butt directed the above witness to deliver the brown colour attache case to Muhammad Nawaz in Moss, Norway. It was further alleged that Tahir Mahmood Butt appellant, with the help of a Customs Officer, got the witness cleared at Islamabad Airport on 14-12-1983 for Oslo Airport in Norway by PIA. It was also alleged that appellant Hamid Hasnain and Abdullah Jan (absconder) were also present at the Car Park at the Airport. On arrival at the Oslo Airport, the Airport Authorities detected the heroin contained in the above suit-cases. They detained the above witness, his wife and a minor daughter. However, subsequently his wife and daughter were released. He was formally arrested and after prosecution, he was convicted and sentenced, as stated above, for 10 years by Oslo Court. His statement was recorded by P.W. Safdar Malik in Oslo Jail, where he identified the voices of Tahir Mahmood Butt and Munawar Hussain alias Bobi when spools were played, which he also identified before the trial Court.
3. After completion of the investigation, the above challans were submitted. At the trial, the prosecution examined as many as 27 witnesses, namely, P.W.1 Mukhtar Ahmed, tailor master of appellant Munawar Hussain alias Bobi, who deposed that from his telephone, the above appellant used to make telephone calls outside the country, P.W.2 Muhammad Younas Malik, Manager, U.B.L. Tehsil Bazar Sialkot, who produced accounts of the appellant Munawar Hussain, P.W.3 Ashfaq Ali, husband of Mrs. Absar Ashfaq, who produced telephone bills containing overseas calls, P.W.4 Muhammad Qadeer, recovery witness from appellant Munawar Hussain to the memo. of recovery Exh.PG and the documents PF/1 to PF4, P.W.5 Khalid Sher Khan, sub-Manager, Habib Bank Limited, Cantt. Branch, Rawalpindi, where appellant Tahir Mahmood Butt was acting as the Manager, who produced 15 telephone bills containing details of the foreign calls under memo. Exh.PH and copies of telephone bills Exhs.PS/1 to PH/15, P.W.6 Muhammad Alam Bajwa, 2nd Officer, United Bank Limited, Pul Aik Branch, Sialkot, who also brought the statements of account of appellant Munawar Hussain Exhs. PJ/1 to PJ/4 secured under memo. Exh.PJ, P.W.7 Muhammad Ijaz of Habib Bank Limited, Cantt. Branch, Rawalpindi, who was declared as hostile, P.W.8 Mushtaqur Rehman, a private person, who rented out his house at Rawalpindi to appellant Munawar Hussain at Rs.1250 per month, and produced the copies of telephone bills showing foreign calls Exh.PM/1 to PM/13 secured under memo Exh. PN, P.W.9 Sh. Muhammad Din, Handwriting Expert F.IA., Islamabad, who proved diary pages Exhs.Q/1 to Q/12 through report Exh.PBB and chart Exh. PZ and PAA, P.W.10 Fauzia Raza, wife of P.W.24 Raza Muhammad Qureshi, who corroborated the statement of her husband, as she had accompanied him from Islamabad to Oslo, P.W.11 Mrs. Absar Ashfaq, who produced copies of certain telephone bills and corroborated the evidence of the other witnesses, P.W.12 Raja Muhammad Suleman, Assistant Director F.I.A. who raided the house of appellant Tahir Mahmood Butt with the permission of the Magistrate Exh.PCC and procured PCC/2 a personal diary Exh.PCC/3 to PCC/16 also personal diary, statement of telephone bills Exh.PE/1 to PE/38 obtained from Mrs. Absar Ashfaq vide memo. Exh.PE he also served section 171 of the Customs Ordinance, 1969, notice Exh.PDD upon appellant Tahir Mahmood Butt, P.W.13 Muhammad Haneef, Inspector F.I.A. Immigration, Islamabad Airport, who accompanied P.W. Bashir Malik to the office of appellant Hamid Hasnain, Vice-President, Habib Bank Limited, Islamabad, and procured documents PEE/1 to PEE/27 under memo Exh.PEE, P.W.15 Raja Manzoor Elahi, Assistant Director FIA, who took in possession telephone bills Exhs.PH/1 to PH15 from one Khalid Bashir under memo. Exh.PH.
He also accompanied Raja Muhammad Suleman to the house of Tahir Mahmood Butt, P.W.16 Asal Mir, S.I. FIA, who affixed proclamation order of absconsion of Abdullah Jan Exh.P.W.16/1 and submitted report Exh.P.W.16/B, P.W.17 Nadir Shah, who was declared hostile, P.W.18 Ch. Muhammad Afzal, Magistrate Ist Class, Rawalpindi, who issued the search warrants Exh.P.W.18/12 in respect of the house of appellant Tahir Mahmood Butt under order Exh.P.W.18/1, P.W.19 Mr. Kristan Nicolaisen, Public Prosecutor, Oslo Norway, who sent the above report to the Director-General, F.I.A. and who produced the photo copy of the judgment of Oslo Court convicting P.W.24 Raza Muhammad Qureshi Exh.PW.19/2 and its translated copy Exh.P.W.19/3, P.W.20 Miss Knapperholen Torun, a Customs Officer, who was posted at Oslo Airport on 15-12-1983 when P.W.24 Raza Muhammad Qureshi was arrested, P.W.21 Mr. Lars Risan, who was working in the Drug Department in Norway since 1979 and who received information on 15-12-1983 that a Pakistani family would arrive at the Oslo Airport with two suit-cases containing heroin, P.W.22 Mr. Steinar Bragstad, Detective Sargeant, Drugs Squad, Oslo Norway, who taped some telephones of Abid Khan, Muhammad Nawaz, Arshad Shah, Khalid Aslam. With the help of the above tape, the above Muhammad Nawaz, Arshad Shah, Khalid Aslam and Manzoor Hussain were arrested; Mr. Oyvind H. Olsen, an officer at the Norwagien Embassy, Islamabad, in July, 1985, but in 1983, he was posted in the Drug Squad, Oslo, and had arrested P.W.24 Raza Muhammad Qureshi at Oslo Airport and so also Mr. Troeber and from whose possession, a note book containing the description of P.W.24 Raza Muhammad Qureshi was recovered, which also contained the name of Bobi and the amount of 1,20,000, P.W.24 Raza Muhammad Qureshi, who is the main witness, P.W.25 Javed Iqbal, brother of P.W.24, who corroborated the latter’s evidence, P.W.26 Bashir Ahmad, Director F.LA, Rawalpindi, who upon receipt of complaint Exh.P.W.19/1, recorded F.I.R. Exh.PW26/1, P.W.27 Malik Safdar Ali, Assistant Director, F.L.A. Rawalpindi, who went to Norway in connection with the investigation and recorded the statements of witnesses including of P.W.24 Raza Muhammad Qureshi and his brother Javed Iqbal.
4. The appellants, in their statements under section 342, Cr.P.C., denied the commission of offence and alleged that they were falsely implicated as they did not accede to the demand of illegal gratification of the F.I.A. staff.
5. The learned Special Judge Customs, Lahore, after hearing the learned counsel for the parties, convicted the appellants and awarded to them the
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