IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Appeal No.22-P/2014 
(Against the judgment dated 8.6.2010 of the 
Peshawar High Court, Peshawar passed in Cr. 
Appeal No.88/2007) 
 
 
State through Director ANF 
…Appellant(s) 
VERSUS 
Parvez Khan & another 
…Respondent(s) 
 
 
For the Appellant(s) 
: Mr. Muhammad Tariq Shah, Special 
Prosecutor, Anti Narcotics Force 
 
 
 
For the Respondent(s) 
: N.R. 
 
 
 
Date of Hearing 
: 30.04.2019 
 
 
ORDER 
 
Qazi Muhammad Amin Ahmed, J.-  In a Punjab bound, 
Mazda truck bearing registration No.KG-5783, Parvez Khan and 
Ismail Khan, respondents herein were surprised by an Anti 
Narcotics Force contingent within the remit of Police Station Dera 
Ismail Khan. Upon search a huge cache of contraband comprising 
opium and charas weighing 576 kilograms was recovered from 
secret cavities of the vehicle.  Indictment before a learned Judge 
Special Court (CNS), Peshawar, camp at Dera Ismail Khan, 
resulted into conviction under Section 9(c) of Control of Narcotic 
Substances Act, 1997; they were sentenced to imprisonment for 
life along with fine of rupees five lacs each or to undergo two years 
S.I. with benefit of Section 382-B of the Code of Criminal 
Procedure, 1898. Marwat Khan and Zaheer Shah, accomplice 
behind the consignment stayed away from law and stand 
proceeded accordingly. The vehicle was forfeited to the State. A 
learned division bench of Peshawar High Court acquitted the 
respondents from the charge on a variety of grounds, most 
prominent being a stated lack of conscious knowledge on part of 
Criminal Appeal No.22-P/2014 
 
2
the respondents as the vehicle in question was registered in the 
name of one Muhammad Afaq, a resident of Karachi, who 
disowned ownership. It was further noted by the learned High 
Court that case property including the vehicle itself was not 
properly exhibited.  
Leave to appeal has been granted to the extent of Parvez 
Khan, respondent. Learned Law Officer contends that there was no 
occasion for the learned High Court to acquit the respondent from 
the charge in the face of massive recovery of contraband that could 
not be conceivably foisted upon the respondent and as such his 
acquittal from the charge on inconsequential omissions warrants 
interference by this Court.  
2. 
 
Huge 
cache 
of 
different 
variety 
of 
contraband 
notwithstanding the prosecution does not appear to have aptly 
prosecuted its case; concomitantly lacunas noticed by the learned 
High Court cannot be viewed artificial or imaginary and hypothesis 
of respondent lack of conscious knowledge cannot be refuted 
without being imprudent. The appeal fails; Order of forfeiture of 
the vehicle in favour of the State is kept intact. Appeal dismissed.  
     
 
 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
Islamabad, the 
30th of April, 2019 
Ghulam Raza/* 
JUDGE 
 
 
