IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.30-P/2012 
(Against the judgment dated 22.2.2012 of the Peshawar High Court  
Peshawar passed in Cr. A.No.351 of 2011) 
 
 
The State through Director ANF 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
 
 
 
  
Khurshid Khan 
 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Muhammad Tariq Shah,  
Special Prosecutor ANF 
 
 
 
 
For the Respondent(s): 
N.R. 
 
Date of hearing: 
28.6.2021 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Tried by a Special 
Judge at Peshawar, the respondent was convicted under section 9(b) of 
the Control of Narcotic Substances Act, 1997 vide judgment dated 
1.6.2011; he was sentenced to imprisonment for life with a direction to 
pay fine.  
 
According to the prosecution, the respondent was intercepted by 
an A.N.F. contingent along with 22.550 kg cannabis, wrapped in 19 
packs, on board a cab driven by Hameed Ullah, within the precincts of 
Police Station A.N.F. Peshawar; considered as an unsuspecting 
companion, the latter was let off. A learned Division Bench of Peshawar 
High Court acquitted the respondent of the charge vide impugned 
judgment dated 22.2.2012 by taking into consideration statements of 
PW-3 and PW-4 as well as plea of innocence supported by cab driver as 
a witness in his defence.  
2. 
 
Mr. Muhammad Tariq Shah, learned Special Prosecutor 
ANF has vehemently argued that in the face of overwhelming evidence 
there was no occasion for the High Court to let off the respondent, 
captured red-handed with a huge cache of the contraband; according to 
him, the High Court, out of context, misconstrued the statements of the 
prosecution witnesses to hold that they failed to conclusively blame the 
Criminal Petition No.30-P of 2012 
2
accused with the possession of narcotic lying next to him in the rear of 
car. Reliance upon statement of Hameed Ullah (DW-1), a witness 
conveniently manageable in circumstances, was hardly sufficient to 
preponderate over the prosecution evidence, concluded the learned Law 
Officer.  
3. 
 
Heard. Record perused. 
4. 
 
We have gone through the statements of the witnesses to 
find that one of them, namely, Mushtaq Ahmed, SI (PW-3), while 
sticking to his case for a while, did provide a space for exit to the 
respondent by stating that “it is correct that no paper or chit are 
recovered from the Gatrhi or from the physical search of the accused 
facing trial to show that the narcotics belonged to the accused”; in the 
next breath, he, however, volunteered that “the accused himself 
admitted the ownership of the said Gatrhi”; by that the damage to the 
prosecution case had irreparably been done; he dealt another blow to 
the prosecution by stating that “It is correct that the Gatrhi was not lying 
in the lap of the accused nor he was holding it in his hand at that time”. 
Fazal-i-Ameen, HC/PW-4 is an equal partner in the treacherous 
alliance; he stated with audacity “it is correct that no narcotic was 
recovered from the accused from his body search”.  Arrival of Hameed 
Ullah in the witness-box to support the respondent is last straw on 
camel’s back inasmuch, admittedly on the wheel, at the time of 
interception, he categorically denied, on oath, seizure of any 
contraband, foreclosing all options for the High Court to maintain the 
conviction. Petition fails. Leave declined.  Office shall transmit a copy of 
this judgment to the Director General A.N.F. to seriously consider dire 
necessity of setting his house in order.  
 
 
 
  
 
Judge 
 
Judge 
Peshawar, the 
28th June, 2021 
Not approved for reporting 
Azmat/- 
