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.12-P/2013 
(Against 
the 
judgment 
dated 
23.01.2007 passed by the Peshawar 
High Court, Peshawar in Criminal 
Appeal No.632 of 2005). 
 
State thr. Deputy Attorney General 
…Appellant(s) 
VERSUS 
Abdul Ali 
…Respondent(s) 
 
 
For the Appellant(s) 
: Mr.Manzoor Khan Khalil,  
Additiional Advocate General, 
Khyber Pakhtunkhwa 
Mr.Tariq Khan, ASC 
 
 
 
For the Respondent(s) 
: Mr. Noor Alam Khan, ASC 
 
 
 
Date of Hearing 
: 29.04.2019 
 
JUDGMENT 
  
 
Abdul Ali, respondent was returned a guilty verdict by 
learned Judge, Special Court (CNS), Peshawar; he was indicted for 
being in possession of seventeen kilograms of opium at an FC 
check post. The learned Peshawar High Court, however, acquitted 
him from the charge vide impugned judgment dated 23.1.2007, 
vires whereof are being challenged by the State.  
 
 
It is argued that there was no occasion for the learned 
High Court to acquit the respondent in the face of overwhelming 
evidence, singularly pointed on respondent’s culpability when 
intercepted with huge quantity of contraband that cannot be 
conceivably foisted upon him. Forensic evidence confirming the 
narcotic character of the contraband his next argument is to seek 
reversal of the impugned judgment. 
 
 
Quantity of contraband notwithstanding, view taken 
by the learned High Court to acquit the respondent is neither 
artificial nor perverse inasmuch as discrepancy between the stated 
Criminal Appeal No.12-P/2013 
2
date of respondent’s arrest and his remission into police custody 
for registration of a criminal case sans any plausible explanation. 
Contradictions in the statements of Mir Badshah Khan, PW-3 and 
Sabz Ali, PW-4 in the above backdrop cannot be received as trivial 
and thus it is rightly held that the local police and FC personnel, 
being out of tune, the charge against the respondent is not free 
from doubt. Impugned view being a possible rendition warrants no 
interference. Appeal is dismissed. 
     
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
Islamabad, the 
29th of April, 2019 
Ghulam Raza/* 
JUDGE 
 
