IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
  
Criminal Petition No.606 of 2020 
(Against the judgment dated 15.05.2020 passed by 
the Peshawar High Court Peshawar in Cr.M.BA. 
No.1276-P/2020) 
 
 
Dad Khan 
…Petitioner(s) 
 
 
 
 
 
Versus 
The State  
….Respondent(s) 
 
For the Petitioner(s): 
 
Ms. Neelam A. Khan, ASC 
 
For the State: 
Raja Inaam Ameen Minhas,  
 
Special Prosecutor, ANF along with Shamim 
Raza, SI 
 
Date of hearing: 
31.08.2020. 
 
 
 
 
ORDER 
 
  
Qazi Muhammad Amin Ahmed, J.- An Anti Narcotic Force 
contingent, on a tip off, intercepted Rahem Taj accused in the departure 
lounge of Bacha Khan International Airport, while boarding a Saudi Arabia 
bound flight with a substantial quantity of Methamphetamine, a lethal 
narcotic substance. As the investigation progressed, the petitioner was 
taken on board as being part of the cartel behind the consignment; he had 
allegedly booked a room in a local hotel where the accused, three in 
number, stayed the night preceding the flight and it was on account of this 
overnight stay that the investigating officer held him privy to the crime 
alongside others.  
 2. 
 
Heard.  
 3. 
 
We have examined the available record that depicts the 
petitioner to have booked a room in a local hotel wherein the three accused 
statedly stayed together. The learned Law Officer for the Anti Narcotic Force 
has not been able to point out any material to confirm presence of the  
principal accused with the petitioner except for latter’s statement recorded 
during custody nor there is any data available with the prosecution to 
Criminal Petition No.606 of 2020 
 
 
 2 
  
  
 
establish petitioner’s presence at or around the airport before departure of 
the flight, therefore, for the present, petitioner’s culpability as an abettor, 
aiding the crime in association with the principal offender, within the 
contemplation of section 14 of the Control of Narcotic Substances Act, 1997 
so as to attract the bar provided under section 51 thereof, warrants further 
probe; a case for his release on bail stands made out. Criminal Petition 
No.606 of 2020 is converted into appeal and allowed; petitioner/appellant 
shall be released on bail on furnishing bond in the sum of Rs.500,000/- 
with one surety in the like amount to the satisfaction of the learned trial 
Court/duty Judge.  
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
31st August, 2020 
Not approved for reporting 
Azmat/- 
 
