IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Crl. Petition No.114 of  2018  
(Against the judgment dated 17.01.2018 of the High Court of  
Sindh, Sukkur Bench passed in Cr. Appeal No.D-99/2016) 
 
 
 
Abdul Ghafoor 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State and another  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Muhammad Amjad Iqbal Qureshi, 
ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
For the Respondent(s): 
Raja Inaam Amin Minhas,  
Special Prosecutor ANF 
 
Date of hearing: 
11.10.2021. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.-  The petitioner was on 
the wheel of an oil-tanker when intercepted by a contingent of ANF 
Sakkur on 04.05.2013; upon search, an huge cache of cannabis 
weighing 500 k.g., concealed in the secret cavities, was recovered; Aziz 
Ahmed co-accused, on board, was also taken to the task; upon 
indictment, they claimed trial that resulted into their conviction under 
clause (b) of section 9 of the Control of Narcotic Substances Act, 1997; 
they were sentenced to imprisonment for life with a direction to pay fine 
vide judgment dated 25.04.2016. The High Court acquitted Aziz Ahmed 
from the charge, however, maintained petitioner’s conviction and 
sentence vide impugned judgment dated 17.01.2018, vires whereof, are 
being assailed primarily on the ground that prosecution hopelessly 
failed to drive home the charge inasmuch as none appeared to establish 
safe transmission of samples, secured at the time of seizure, to the 
office of Chemical Examiner so as to confirm the narcotic character of 
the contraband and, thus, there was no occasion for the trial Court as 
well as the High Court to assume that the seized contraband was 
Criminal Petition No. 114 of 2018 
2
actually cannabis without being presumptuous, an option hardly 
available under the law. The learned Special Prosecutor has not been 
able to controvert the position taken at the bar.  
2. 
 
Heard. Record perused. 
3. 
 
Heinousness of the charge and huge quantity of the alleged 
contraband, notwithstanding, the prosecution was under a bounden 
responsibility to drive home the charge by proving each limb of its case 
that essentially included production of the witness, tasked with the 
responsibility of transmitting the samples to the office of Chemical 
Examiner. Failure is devastatingly appalling with unredeemable 
consequences that cast away the entire case. Petition is converted into 
appeal and allowed; the impugned judgment is set aside; the appellant 
shall be released forthwith if not required to be detained in any other 
case.  
Copy of this judgment be transmitted to the Director General Anti 
Narcotic Force; he shall order a probe into the grievous lapse in 
prosecution of the case with a view to fix responsibility for the 
delinquents.  
 
 
 
  
 
 
Judge 
 
 
Judge 
 
 
Judge 
 
Islamabad, the 
11th October, 2021 
Azmat/- 
