IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
MR. JUSTICE MUSHIR ALAM 
MR. JUSTICE YAHYA AFRIDI 
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
 
Jail Petition No.739 of 2018 and Criminal 
Petition No.1344 and 1351 of 2018 
(Against the judgment dated 10.10.2018 of the Islamabad High Court 
Islamabad passed in Crl. Appeal No.62 of 2018) 
 
 
 
Haroon-ur-Rasheed 
(in J.P.739/2018) 
Shahzad 
(in Crl. P. 1344/2018) 
Meer Qabil 
(in Crl. P. 1351/2018) 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State 
(in J.P.739/2018 & in Crl. P. 1344/2018) 
The State & 2 others 
(in Crl. P. 1351/2018) 
 
 
 
     …Respondent(s) 
                
 
 
For the Petitioner(s): 
Mr. Mudassir Khalid Abbasi, ASC 
 
Ch. Akhtar Ali, AOR 
 
(in J.P.739/2018) 
 
Mr. M. Amjad Iqbal, ASC 
 
(in Crl. P.1344/2018) 
 
Maik Qamar Afzal, ASC 
 
(in Crl. P.1351/2018) 
 
 
 
For the State: 
Raja Inaam Ameen Minhas,  
 
Ch. Ehtisham-ul-Haq, 
 
Special Prosecutors, ANF 
 
Date of hearing: 
 
 
13.04.2021  
 
 
ORDER 
 
 
Qazi Muhammad Amin Ahmed, J.- On a tip off, the 
petitioners were intercepted by Anti-Narcotic Force contingent 
Jail Petition No.739 of 2018 and Criminal Petition No.1344 and 
1351 of 2018 
 
2
within the precincts of Police Station Rawat at 9/10:00 on 
10.10.2016; they were transporting a heavy consignment of 
narcotics concealed in different portions of a car; the search led to 
discovery 
of 
ten 
packets 
of 
contraband, 
weighing 
10-kg, 
surreptitiously placed in different cavities, forensically confirmed 
as cannabis; they were indicted by the learned Special Judge (CNS) 
Islamabad who returned them a guilty verdict under Section 9(c) of 
the Control of Narcotic Substances Act, 1997; sentenced to ten 
years 
rigorous 
imprisonment, 
they 
were 
directed 
to 
pay 
Rs.100,000/- each as fine or to undergo nine months simple 
imprisonment in lieu thereof, vide judgment dated 19.04.2018; 
their appeal failed before a learned Division Bench of the 
Islamabad High Court vide impugned judgment dated 10.10.2018, 
vires whereof, are being assailed on a variety of grounds ranging 
from false implication, discrepant statements of the witnesses, 
non-availability of support from the public and a forensic report 
with deficient protocols. The learned Law Officer faithfully defended 
the impugned judgment, according to him, the prosecution 
succeeded in proving the charge to the hilt beyond a shadow of 
doubt.  
2. 
 
Heard. Record perused. 
3. 
 
We have gone through the evidence to find the 
witnesses in a substantial unison on all the details of the episode; 
petitioners’ joint arrest with the vehicle they were travelling in and 
seizure of contraband therefrom  are circumstances heavily 
looming over their culpability. Forensic report substantially details 
the procedure adopted by the analyst to undertake the analysis, 
unambiguously 
confirming 
the 
narcotic 
character 
of 
the 
contraband, a conclusion that went unrebutted/unchallenged 
during the trial. Petitioners’ different backgrounds, converging in 
their illicit pursuit, the only common ground, by itself confirms a 
collaboration in a purpose far from being usual or just. 
Inconsequential 
cross-examination 
and 
reticent 
denials, 
in 
retrospect, lend a mute support to the prosecution in its quest to 
drive home the charge. In the totality of circumstances, we are not 
persuaded to take a view other than the one concurrently taken by 
the Courts below. However, distinctly saddled with different 
quantities of the contraband by each convict, ranging from  
Jail Petition No.739 of 2018 and Criminal Petition No.1344 and 
1351 of 2018 
 
3
2 to 5 k.g., a case set up by the prosecution itself, spells out a 
makeshift union instead of a concerted joint detour, therefore, we 
are inclined to proportionately mould the sentence. Consequently, 
while maintaining their conviction, sentence awarded to them is 
reduced to a period of 5-years R.I. with a corresponding reduction 
in the fine to the tune of Rs.50,000/- each with 6-months S.I. in 
the event of default, a wage conscionable in the peculiar facts and 
circumstances of the case. With the aforesaid modification, the 
petitions are converted into appeal and partly allowed.  
 
 
Judge 
 
Judge 
 
Judge 
Islamabad 
13th April, 2021 
Not approved for reporting.  
Azmat/* 
