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.231 of 2020 
(Against the judgment dated 24.04.2017 passed 
by the Peshawar High Court, Mingora Bench 
(Dar-ul-Qaza), Swat in Crl. Appeal No.199-M of 
2014)  
 
 
 
Shah Nawaz Khan 
 
 
…Appellant(s) 
 
 
 
 
 
Versus 
 
 
 
 
 
  
The State  
 
…Respondent(s) 
 
For the Appellant(s): 
Rana Abdul Latif Khan, ASC 
 
Mr. Mehmood A. Sheikh, AOR 
 
 
For the State: 
Mr. Anees M. Shahzad,  
 
State Counsel, KPK 
 
Date of hearing: 
02.11.2020. 
 
JUDGMENT 
 
 
 
    Qazi Muhammad Amin Ahmed, J.- Through leave of 
the Court, impugned herein is judgment dated 24.4.2017 by a learned 
Division Bench of the Peshawar High Court, Mingora Bench, whereby 
appellant’s conviction under section 9(c) of the Control of Narcotic 
Substances Act, 1997, returned by a learned Addl. Sessions Judge 
Chitral vide judgment dated 23.7.2014, has been upheld; he was tried 
alongside five others, since acquitted, for transportation of 12070 
grams of cannabis in ten separate packs, concealed in a public vehicle 
No.3296/Peshawar registered in his name, intercepted by a contingent 
of Police Station Darosh District Chitral on 30.11.2012 while he was on 
the wheel.  The appellant confronted indictment after retracting a 
detailed judicial confession recorded by a Judicial Magistrate (PW-3) 
whom he faced from the safety of judicial custody.  
2. 
 
Heard. Record perused. 
3. 
 
The learned trial Judge extended benefit of the doubt to 
Nizam-ud-din, co-accused, employed as a conductor on the possibility 
of want of conscious knowledge whereas let off Shah Nawaz, Ashiq Jan, 
Criminal Appeal No.231 of 2020 
 
2
Abdul Nasir and Syed Hazrat, subsequently arrayed on the basis of 
appellant’s confession wherein they were blamed as privy to the crime, 
a course that went unchallenged, otherwise unexceptionable. However, 
we have not been able to sway for the same path vis-à-vis the 
appellant. Even if, appellant’s confession purportedly recorded by his 
own choice when he was already remitted into judicial custody, is 
excluded 
from 
consideration, 
the 
prosecution 
still 
possessed 
overwhelming evidence to establish his exclusive culpability, beyond 
doubt; he was not only on the driving seat but also owned the vehicle 
that carried huge cache of contraband, concealed in a secret cavity 
thereof; seizure of cash of Rs.152,000/- vide inventory adds to the 
credibility of operation carried out by the functionaries seemingly with 
no axe to grind. Testimony furnished by Abdul Hayat SHO (PW-1) and 
Sardar Wali Khan, SI/IO (PW-2) does not suffer from any flaw or 
infirmity; both of them comfortably faced cross-examination, otherwise 
hopelessly inconsequential and directionless. Surprisingly, presence of 
contraband in the vehicle is attributed to an unknown passenger, 
vehemently denied by Abdul Hayat, SHO (PW-1), a position that goes a 
long way to help out the prosecution, otherwise well entrenched on the 
issues of safe custody of the contraband and transmission of samples 
to the office of Chemical Examiner. Acquittal of co-accused, indicted on 
the basis of appellant’s confession as an unsuspecting carrier, does not 
bring him any benefit in retrospect. View taken by the Courts below 
being well within the remit of law does not call for interference.   
Appeal fails. Dismissed. 
 
 
Judge 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
2nd November, 2020 
Not approved for reporting 
Azmat/- 
