IN THE SUPREME COURT QEPAKISIAN
(APPELLATE JURISDICTION)
PRESENT:
MR. JUSTICE IJAZ UL AHSAN
MR. JUSTICE MUNIB AKHTAR
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI
JAIL PETITION NO. 637 OF 2016
(On appeal against the judgment dated
16.11.2 016 passed by the High Court of Sindh,
Karachi in Criminal Appeal No. 19612015)
Liaquat Ali and Shad Muhammad
Petitioners
VERSUS
The State
Respondent
For the Petitioners: 
Mr. Liaquat All Tareen, ASC
(For petitioner Liaqat All)
Syed QaIb-e-Hassan, ASC
Mr. Zahoor ul Haq Chishti, ASC
(For petitioner Shod Muhammad)
For the State: Dr. Faiz Shah, P. G. Sindh
Mr. ZafarAhmed Khan, Addl. P.G.
Mr. Khadim Rind, DIGP
Mr. Abdul Qayyum Patafi, SSP
Date of Hearing: 
09.03.2022
JUDGMENT
SAYYED MAZAHAR AL! AKBAR NAQVI, J.- Petitioners were tried by the
learned Special Judge for CNS, Naushero Feroz in terms of the case
registered vide FIR No. 145 dated 04.11.2013 under Section 9(c) of the
Control of Narcotic Substances Act, 1997, at Police Station Bhiria City,
District Naushero Feroz as contraband charas weighing 59 kilograms was
recovered from them. The learned Trial Court vide its judgment dated
04.08.2015 convicted the petitioners under Section 9(c) of the Control of
Narcotic Substances Act, 1997, and sentenced them to imprisonment for
life. They were also directed to pay a fine of Rs. 500,0001- each or in default
whereof to further undergo SI for one year each. Benefit of Section 382-B
Jail Petition No. 637/2016 
2
Cr.P.C. was also extended to them. In appeal the learned High Court
maintained the conviction and sentences recorded against the petitioners
by the learned Trial Court.
2.
The prosecution story as given in the impugned judgment
reads as under:-
"2. The brief facts of the prosecution case as disclosed in the FIR
are that on 04.11.2013 SIP Khadim Hussain Buledi was posted as
Incharge CIA Police Naushero Feroz, on the same date, he along with
PCs Abdul Ghaffar Mashori, Khamiso Khan Mashori, Nisar Ahmed
Kalhoro left CIA center in Police mobile vide Roznamcha Entry No. 07 at
1215 hours for patrolling duty. While patrolling at various places when
the police party reached at National Highway, near Bhiria city, where it
is alleged that incharge CIA received spy information that two persons
were coming in a Parado, Silver Colour Vehicle bearing No. BD-4450
from Sukkur to Karachi. According to information, accused persons had
charas in secret cavities of the vehicle. Police party held nakabandi
near Grid Station Bhiria City. At 1600 hours vehicle appeared on the
road from Sukkur side. It was stopped, two persons were sitting in it,
one was driving the vehicle and another was sitting beside the driver
seat. SIP inquired the name of the driver to which he disclosed his
name as Liaquat Ali son of Gut Hassan Magsi, resident of Labour
Colony, Hub Chowki, Balochistan. Another accused who was sitting
beside the driver disclosed his name as Shad Muhammad son of Gut
Nazar Gujjar Pathan, resident of Qalander Abad, Gulistan-e-Johar,
Karachi. SIP made PCs Abdul Ghaffar and Khamiso Khan as mashirs
and searched the vehicle. Under the seat of the vehicle there was
secret cavity, it was opened and charas was found in such cavity in
plastic bags. 16 bundles of the charas were in white, black and red
plastic bags and words 'Fair Trade Espresso Dark Rost' were written.
Two bundles of the chorus were in two red coloured polythine bags, on
which 'candle' was written. Different words were written on different
bundles. Total weight of charas was 59 Kgs. SIP conducted personal
search of accused Liaquat All in presence of mashirs and recovered one
original CNIC and cash Rs.15001-. From personal search of accused
Shad Muhammad a CNIC and cash of Rs.20001- were recovered.
Accused had no vehicle documents. Mashirnama of arrest and
recovery was prepared by SIP in presence of the above named mashirs
and choras was sealed in three different plastic bags. Thereafter
accused, case property and vehicle were brought to the police station
Bhiria city where SIP kept Entry No. 17 at 1830 hours. SIP Wali
Muhammad, SHO PS Rhiria City lodged FIR bearing Crime No.
14512013 under Section 9(c) of the Control of Narcotic Substances Act,
1997 at Police Station Bhiria City. Thereafter, investigation was handed
over to SHO Wali Muhammad Chang."
3.
After completion of investigation, report under Section 173
Cr.P.C. was submitted before the Trial Court. In order to prove its case the
prosecution produced as many as four witnesses. When examined under
Jail Petition No. 637/2015 
3
Section 342 Cr.P.C., the petitioners stated that they are innocent and have
been falsely implicated in the case.
4.
Learned counsel for the petitioners contended that the
petitioners have been falsely implicated in this case and the Police has
planted a fake case upon them. Contend that the narcotic was allegedly
recovered from the petitioners in the broad daylight in a busy thoroughfare
but none from the public was associated in the case to depose against the
petitioners. Contend that safe custody and safe transmission of the
narcotic was compromised as Amjad Hussain (PW-3) who was supposed to
send the parcels to Forensic Science Laboratory did not mention the dote
and time as to when he transmitted the parcels to the Laboratory.
5.
On the other hand, learned Law Officer has supported the
impugned judgment. He contended that the petitioners were caught red
handed while transporting a huge quantity of narcotics and the Police
officials had no enmity to falsely involve them in the present case,
therefore, they do not deserve any leniency by this Court.
6.
We have heard learned counsel for the parties at some
length and have perused the evidence available on record.
The petitioners were caught red handed by the Police and a
huge quantity of 59 kilograms of contraband charas packed in 58 packets
was recovered from secret cavities of the car, which was being driven by
the petitioner Liaquat Ali whereas the petitioner Shad Muhammad was
sitting on the rear seat. The prosecution's case hinges upon the statements
of SIP Khadim Hussain Buledi (PW-1), Abdul Ghaffar (PW-2), PC Amjad
Hussain (PW-3) and Wali Muhammad Chang, 1.0 (PW-4). All these
witnesses have narrated the prosecution story in a natural manner and
remained consistent throughout and their testimony could not be
shattered by the defence despite lengthy cross-examination. The said
witnesses had no enmity with the petitioners to falsely implicate them in
the present case. Even otherwise a huge quantity of 59 kilograms of charas
in no circumstances can be planted by the Investigating Officer of his own.
This Court in a number of judgments has held that testimony of police
Jail Petition No. 637/2016 
4
officials is as good as any other private witness unless it is proved that they
have animus against the accused. However, no such thing could be brought
on record by the petitioners in this case. This Court has time and again held
that reluctance of general public to become witness in such like cases has
become judicially recognized fact and there is no way out to consider
statement of official witnesses, as no legal bar or restriction has been
imposed in such regard. Police officials are as good witnesses and could be
relied upon, if their testimony remains un-shattered during cross-
examination. The police officials sent entire recovered contraband charas
to the office of Chemical Examiner. The report of the Chemical Examiner
shows that from all the 58 packets of recovered charas, 50 grams charas
was separated from each packet and consumed in analysis and the same
was found to be contraband charas. So for as the argument of the learned
counsel for the petitioner that the contraband charas, its safe custody and
safe transmission is not established is concerned, the learned High Court
has very ably dealt with this issue in paragraphs 18 & 19 of the impugned
judgment while holding that the Control of Narcotic Substances
(Government Analysts) Rules, 2001 virtually place no bar on the
Investigating Officer to send the samples beyond 72 hours of the seizure.
These Rules are stricto sensu directory and not mandatory in any manner.
It does not spell out that if there is any lapse and the time is consumed
beyond 72 hours, it would automatically become instrumental to discard
the prosecution case in all manners. The Control of Narcotic Substances
(Government Analysts) Rules, 2001, cannot control the substantive
provisions of the Control of Narcotic Substances Act, 1997. These Rules
cannot in any manner frustrate the salient features of the prosecution case
which otherwise hinges upon (i) receipt of information, (ii) action by the
concerned law enforcing agency, (iii) recovery of contraband narcotics, (iv)
the report of chemical examiner regarding analysis of the recovered
contraband, (v) the finding of fact by the courts below after recording of
evidence i.e. (a) witnesses of the raiding party, (b) the recovery witnesses,
(c) Investigating Officer and all other attending circumstances. If the series
of acts which ultimately resulted into recovery of contraband narcotic are
juxta poised with the violation of the Rules due to one reason or the other
- 
JailPetition No. bJ7/201b 
5
as alleged, it cannot by any stretch of imagination be considered
reasonable in law to smash the prosecution case on its salient features.
The transportation of drugs either inside the country or sending it abroad
has become a menace against morality, decency, public order, law and
order situation which indirectly intrudes upon the sovereignty of the
country. If this practice is allowed to continue it will squarely hamper the
very purpose of the law on the subject and would squarely bring bad name
for the country in the eyes of international community. It is established
beyond any doubt that the proceeds of narcotics are largely utilized in
terrorist activities which this country is facing since decades, therefore, the
activities of these elements need to be curbed with iron hands. Even
otherwise, on merits we could not find anything from the record, which
could suggest that the safe chain of custody of the narcotic was
compromised. The close analysis of the whole prosecution evidence i.e. the
recovery of huge quantity of narcotics, the happening of the occurrence in
broad daylight, report of the Chemical Examiner and the statements of the
prosecution witnesses when evaluated conjointly, there is no other option
left with the Court except to rely on the statements of the prosecution
witnesses for the purpose of conviction as recorded by the two courts
below. Consequently, this petition being devoid of any force, the same is
dismissed and leave to appeal is refused.
Islamabad, the 
9th of March, 2022
Approved For Reporting
