IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Appeal No.630 of 2019 
(Against the judgment dated 11.09.2018 passed 
by the High Court of Sindh, Bench at Sukkur in 
Crl. Jail Appeal No.D-175 of 2017)  
 
 
 
Gulzar 
 
 
…Appellant(s) 
 
 
 
 
 
Versus 
 
 
 
 
 
  
The State  
 
…Respondent(s) 
 
For the Appellant(s): 
Mr. M. Sharif Janjua, ASC 
 
 
For the State: 
Mr. Hussain Bux, 
 
Addl. Prosecutor General Sindh 
 
Date of hearing: 
28.10.2020. 
 
JUDGMENT 
 
 
 
    Qazi Muhammad Amin Ahmed, J.- The appellant was 
surprised with a considerable cache of cannabis by a contingent of 
Khanpur Mahar Ghotki police on 27.3.2017; a Special Judge (CNA) 
Ghotki vide judgment dated 20.10.2017 returned him a guilty verdict; 
convicted under section 9(c) of the Control of Narcotic Substances Act, 
1997, he was sentenced to 10 ½ years rigorous imprisonment with a 
direction to pay fine in the sum of Rs.50,000/- or to undergo simple 
imprisonment for a period of 8 months in lieu thereof, pre-trial period 
inclusive, upheld by a learned Division Bench of the High Court of 
Sindh vide impugned judgment dated 11.9.2018, assailed by the 
convict through a jail petition.  
2. 
 
Heard. Record perused. 
3. 
 
Significant 
quantity 
of 
contraband 
notwithstanding, 
nonetheless, we have noticed prosecution’s failure to establish safe 
transmission to the office of Chemical Examiner; the failure has its 
consequences inasmuch as narcotic character of the contraband, 
recovery whereof is denied by the appellant throughout, was not 
established as Rahib Din (PW-2), examined under Public Prosecutor’s 
Criminal Appeal No.630 of 2019 
 
2
shadow, did not utter a single word to prove transmission of the entire 
cache, purportedly transmitted by him to the office of Chemical 
Examiner, in absence whereof, the appellant cannot be saddled with 
the culpability of possession without being conjectural, an option 
hardly available under the law. Criminal Appeal No.630 of 2019 is 
allowed; impugned judgment is set aside; the appellant is acquitted of 
the charge; he has already been ordered to be released, unless 
otherwise required to be detained, vide short order of even date. 
 
 
 
Judge 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
28th October, 2020 
Not approved for reporting 
Azmat/- 
