IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.1205 of 2019  
(Against order dated 24.09.2019 passed by the 
Peshawar High Court Peshawar in Crl. Appeal 
No.946-P of 2018)  
 
 
Asmat Ali 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. M. Amjad Iqbal, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
For the State: 
Mr. Arshad Hussain Yousafzai, ASC 
 
Date of hearing: 
04.05.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- During an haul up, 
Asmat Ali, petitioner, on the wheel of truck bearing No.Kohat-C-1417 
was intercepted by a contingent of Police Station Cantt. Kohat; 9600 
grams of contraband, forensically confirmed as cannabis, recovered 
from the tool box of the vehicle; learned trial Judge vide judgment 
dated 24.10.2018 returned a guilty verdict; convicted under section  
9 (c) of the Control of Narcotic Substances Act, 1997, he was sentenced 
to 10-years RI with a fine of Rs.100,000/-, upheld by the High Court 
vide impugned judgment dated 24.09.2019, vires whereof, are being 
assailed on a variety of grounds.  
2. 
 
Heard. 
3. 
 
We have examined the statements of recovery witnesses i.e. 
Muhammad Ali, SHO (PW-1) and Anwar Ali Head Constable/Incharge 
Check Post (PW-2); they are in tune with each other with no apparent 
motive to hound the petitioner on a trump up charge; substantial 
quantity of the contraband rules out a manipulated recovery. 
Petitioner, in his bid to disproof the charge, admitted most parts of the 
transaction on the eventful day except for an obvious denial regarding 
Criminal Petition No.1205 of 2019 
2
the contraband; appearance of his defence witness Diswar Ali (DW-1) 
on behalf of the Assistant Commissioner District Lower Orakzai to 
suggest exit of the vehicle on 7.10.2017 from Boya Check Post fails to 
contradict petitioner’s interception at the check post. On the contrary, 
petitioner’s own statement on oath, obliquely confirmed by his witness, 
puts him in the saddle. Alleged insufficiency of “protocol” mentioned in 
the forensic report is beside the mark; it conclusively establishes the 
narcotic character of the substance with sufficient details regarding the 
test carried out. Conclusions concurrently drawn by the courts below, 
being in accord with the principles of safe administration of criminal 
justice, do not call for interference. Petition fails. Leave declined. 
 
 
 
 
 
Judge 
 
 
 
 
 
Judge 
Islamabad, the 
4th May, 2020 
Not approved for reporting 
Azmat/- 
