IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Sajjad Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.143-K of 2020 
(Against the judgment dated 07.07.2020 passed by the High Court of 
Sindh at Karachi in Cr. A. No.615 of 2019) 
 
 
 
Faheemullah  
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
 
 
 
  
The State  
   …Respondent(s) 
For the Petitioner(s):      Syed Shau-un-Nabi, ASC 
 
 
 
 
Ms. Abida Parveen Channar, AOR 
 
 
 
 
For the State: 
 
Mr. Hussain Bux, 
 
 
 
 
Addl. Prosecutor General Sindh 
Date of hearing: 
 
06.09.2021 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Surprised with 
5080 grams of cannabis by a contingent of Police Station Pirabad, the 
petitioner was sent to Court of Session (West) Karachi; upon 
indictment, he claimed trial that resulted into his conviction under 
section 9(c) of the Control of Narcotic Substances Act, 1997; he was 
sentenced to 7-years 6-months with a direction to pay fine vide 
judgment dated 30.8.2019, upheld by a Division Bench of the High 
Court of Sindh vide impugned judgment dated 7.7.2020, vires 
whereof, are being assailed on the grounds that the High Court as 
well as the Court of Session, concurrently ran into error by placing 
implicit reliance on the prosecution’s evidence, inherently flawed and 
tainted, maliciously produced to secure an unjustified conviction; the 
bottom line is that a false case was cooked up, through abuse of 
process of law, to hush up an unauthorized raid on petitioner’s 
house, during the course whereof, cash, gold ornaments as well as 
other valuables were taken away by a police mobile, an incident that 
according 
to 
the 
learned 
counsel 
was 
witnessed 
by 
the 
neighbourhood. The learned Law Officer has faithfully defended the 
impugned judgment being based upon confidence inspiring evidence. 
2. 
 
Heard. Record perused. 
Criminal Petition No. 143-K/2020  
2
3. 
 
Prosecution case is consistent and straightforward. The 
petitioner was apprehended during a routine patrol and his arrest 
along with contraband were incorporated in the daily diary, entry 
whereof, is placed on record as Exh.3/A; site plan and inspection 
note also coincide with the details, elaborated in the crime report. 
These are also consistent with the investigative details. There is 
nothing on the record that could even obliquely support the plea 
belatedly taken by the petitioner and, thus, preponderance of 
prosecution evidence comprising safe custody of contraband, 
transmission of sample to the office of chemical examiner with a 
positive report supported by a unison account furnished by the 
official witnesses remained unscathed during an inconsequently 
cross-examination. Learned trial Court as well as the High Court 
concurrently found the prosecution evidence sufficient to successfully 
constitute “proof beyond doubt”; we on our own independent analysis, 
in the absence of any material to support the hypothesis canvassed 
at the bar, have not been able to persuade ourselves to take a 
different view. Impugned judgment being well within remit of law and 
inconsonance with the principle of safe administration of criminal 
justice calls for no interference. Petition fails. Leave declined.  
 
 
 
 
  
 
Judge 
 
 
 
 
Judge 
 
Karachi, the 
 
6th September, 2021 
 
Not approved for reporting 
 
Azmat/- 
