IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
MR. JUSTICE FAISAL ARAB  
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
 
 
CRIMINAL PETITION NO.682 OF 2020 
(Against the order of Lahore High Court, 
Lahore dated 08.06.2020 passed in Crl. 
Misc. No. 22166-B/2020) 
 
 
Abbas Raza 
… Petitioner 
 
 
 
Versus 
 
 
The State through P.G. Punjab and 
others 
 
… Respondents 
 
 
 
For the Petitioner  
: 
Rana Muhammad Akram, ASC 
 
For Respondent  
: 
Mirza Muhammad Usman,  Deputy Prosecutor 
General and Khizar Hayat SI, police station 
Ghulam Muhamma Abad, Faisalabad 
 
 
 
Date of Hearing 
: 
15.09.2020 
 
 
 
 
 
 
 
ORDER 
 
 
  
 
SAYYED MAZAHAR ALI AKBAR NAQVI:- Petitioner has 
invoked the jurisdiction of this Court under Article 185(3) of the 
Constitution of Islamic Republic of Pakistan, 1973  calling in question the 
order of Single Bench of Lahore High Court, Lahore dated 08.06.2020 
declining post arrest bail to the petitioner with prayer to grant the same in 
the interest of safe administration of justice. 
2. 
 
The 
petitioner 
was 
involved 
in 
case 
bearing 
FIR 
No.214/2020 dated 02.02.2020 registered with police station Ghulam 
Criminal Petition No. 682 of 2020. 
-: 2 :-
Muhammad Abad, District Faisalabad, offence under section 9-C of the 
Control of Narcotic Substance Act, 1997. 
 
 
As per allegation contained in the crime report it is alleged 
that the petitioner was selling narcotics while sitting in the “Baithak” 
adjacent to his house. He was taken into custody. During his personal 
search a polythene shopper was found containing opium weighing 1300 
grams held in his right hand at the time of raid. The raiding party also took 
into possession one electric weighing machine and sale proceeds 
amounting to Rs.2129290/-. The detail of the denomination is mentioned 
in the crime report. Vide order dated 27.07.2020, this Court issued notice 
to the State. 
3. 
 
At the very outset, it has been argued by learned counsel for 
the petitioner that the prosecution story narrated in the crime report is 
frivolous, concocted and it do not inspire confidence from its bare reading. 
Contends that the allegation that 1300 grams opium was recovered do not 
commensurate with the recovery of the sale proceeds of the contraband 
which is much higher and as such its create suspicion qua the 
genuineness of the prosecution’s version in the crime report. Learned 
counsel further brought in the notice of this Court that the mother of the 
petitioner had sold her house just prior to the registration of this case 
against the consideration of Rs.2450000/- and the amount mentioned in 
the crime report is sale consideration of the said house which was taken 
into possession by the investigating officer without any legal justification. 
Contends that the amount mentioned in the crime report is the same 
amount which was recovered by the police while misusing its authority 
which is against the spirit of safe administration of justice. 
Criminal Petition No. 682 of 2020. 
-: 3 :-
4. 
 
On the other hand, learned Law Officer frankly conceded 
that the recovery of contraband do not commensurate with the sale 
proceeds levelled in the crime report, however, he stated that as the 
recovery of 1300 grams of opium is alleged which do fall within the 
prohibitory clause of section 497 Cr.P.C. hence, the petitioner is not 
entitled for concession of bail. 
5. 
 
We have heard the learned counsel for the parties and gone 
through the record.  
 
 
Bare perusal of the crime report clearly reflects that the 
instant occurrence has taken place in the odd hours of night at 12.50 a.m. 
on 02.02.2020 while the matter was registered against the petitioner on 
the same day at 1.05 a.m. In the month of February, when the weather is 
cold, selling of narcotics while sitting in the “Baithak” seems to be 
something astonishing, when there is remote possibility of attracting any 
customer at that odd time. Otherwise when it is the allegation that the 
petitioner is selling narcotics substance “opium” a contraband the use of 
which makes the consumer affected through central nervous system 
pouring negative impact in the body while making him dull, depressed, of 
impaired reflexes, lacking sharpness turning into a sluggish entity. All 
these aspects when evaluated conjointly, it lends support to the 
arguments advanced by the learned counsel for the petitioner qua 
prosecution story being result of fabrication. The liberty of a person is a 
precious right which has been guaranteed under the Constitution of 
Islamic Republic of Pakistan, 1973. The denial of the same should be 
such which can establish the guilt of the accused without second though.  
6. 
 
Keeping in view the facts and circumstances narrated above 
and the quantity of recovered contraband and seeking guidance from the 
case titled “SAEED AHMED versus STATE through P.G. Punjab and 
Criminal Petition No. 682 of 2020. 
-: 4 :-
another” (PLJ 2018 SC 812), we are persuaded to grant leave to appeal 
in the instant petition while converting it into appeal and the same is 
allowed. As a consequent, the petitioner is admitted to post arrest bail 
subject to furnishing bail bonds in the sum of Rs.2,00,000/- with one 
surety in the like amount to the satisfaction of learned trial court. 
 
 
 
 
 
 
 
 
 
 
Judge 
 
 
Judge 
 
Islamabad,  
15.09.2020 
Approved for reporting. 
“Athar” 
