IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
MR. JUSTICE JAMAL KHAN MANDOKHAIL  
 
CRIMINAL PETITION NO. 789 OF 2023 
(On appeal against the order dated 26.05.2023 passed 
by the Peshawar High Court, Peshawar in Crl. MBA No. 
1831-P/2023) 
 
Muhammad Aslam 
 
 
… Petitioner 
Versus 
The State  
 
 
…Respondent(s) 
 
For the Petitioner: 
Mr. Muhammad Tariq, ASC 
Syed Rifaqat Hussain Shah, AOR 
 
 
For the State: 
Raja Inaam Ameen Minhas, Special Prosecutor ANF 
Ch. Ehtisham ul Haq, Special Prosecutor ANF 
Mr. Hasan Feroz, Inspector 
 
 
Date of Hearing: 
23.08.2023 
 
ORDER 
 
SAYYED MAZAHAR ALI AKBAR NAQVI, J.- Through the instant petition 
under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 
1973, the petitioner has assailed the order dated 26.05.2023 passed by 
the learned Single Judge of the Peshawar High Court, Peshawar, with a 
prayer to grant post-arrest bail in case registered vide FIR No. 46/2023 
dated 19.03.2023 under Sections 9(1) 3e, 6e, 9(2) 5-15 of Control of 
Narcotic Substances Act, 1997, in the interest of safe administration of 
criminal justice. 
2. 
 
Briefly stated the allegation against the petitioner is that he 
was caught red-handed by the Police and charas weighing 104.400 
kilograms, heroin weighing 05 kilograms and methamphetamine (ice) 
weighing 0.900 kilogram was recovered from the car in the front seat of 
which he was sitting and traveling.  
Criminal Petition No. 789/2023 
-: 2 :-
3. 
 
At the very outset, it has been argued by learned counsel for 
the petitioner that the petitioner has been falsely roped in the present 
case against the actual facts and circumstances. Contends that no 
contraband whatsoever was recovered from the personal possession of 
the petitioner and he was not in conscious knowledge regarding the 
presence of the narcotics in the car. Lastly contends that the learned High 
Court has not properly evaluated the material available on the record, 
therefore, by declining bail to the petitioner, a grave miscarriage of justice 
has been done.   
4. 
 
On the other hand, learned Law Officer contended that the 
petitioner is specifically nominated in the crime report and from his 
possession a huge quantity of narcotics has been recovered, therefore, he 
does not deserve any leniency from this Court.  
5. 
 
We have heard learned counsel for the parties at some 
length and have perused the evidence available on the record.  
6. 
 
As per the contents of the crime report, on receiving a spy 
information that a huge quantity of narcotics would be smuggled from 
Peshawar to Punjab via motorway, the Police party set a blockade and 
intercepted a car, which was being driven by co-accused of the petitioner 
while the petitioner was sitting in front seat of the car. From the secret 
cavities of the car, charas weighing 104.400 kilograms, heroin weighing 05 
kilograms and methamphetamine (ice) weighing 0.900 kilogram was 
recovered. Samples were taken and sent to Forensic Science Laboratory in 
accordance with the prescribed criteria and the report of the FSL is 
positive. Nothing could be brought on record by the petitioner to suggest 
that the Police had any malice to falsely involve him in the present case. 
During the course of arguments, learned counsel contended that 
petitioner was merely sitting on the front seat of the car and the narcotics 
was not in his conscious knowledge. We have noted that the learned High 
Court has taken note of this argument and has rightly held that the 
“petitioner and the driver of the vehicle both belong to the disciplined force 
that is Pak Army and at the relevant time both were posted at the same 
Criminal Petition No. 789/2023 
-: 3 :-
place, therefore, the impugned transaction being a joint venture cannot be 
overruled at the moment.” The offence is heinous in nature as it 
contributes to the menace of drugs having grave repercussions on the 
society. Prima facie the material available on the record connects the 
petitioner with the commission of the crime. The offence falls within the 
prohibitory clause of Section 497 Cr.P.C. The impugned order is well 
reasoned, proceeds on correct principles of law on the subject and does 
not call for interference by this Court.  
7. 
 
For what has been discussed above, we are not convinced 
that any case for grant of bail is made out. This petition having no merit is 
accordingly dismissed and leave to appeal is refused.  
 
 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the 
23rd of August, 2023 
Approved For Reporting 
Khurram 
 
