IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE YAHYA AFRIDI 
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
MR. JUSTICE MUHAMMAD ALI MAZHAR  
 
CRIMINAL PETITION NO. 733-L OF 2018 
(On appeal against judgment dated 25.04.2018 
passed by the Lahore High Court, Lahore in 
Criminal Appeal No. 65533/2017) 
 
Barkhurdar 
 
 
 
 
… Petitioner 
VERSUS 
The State and another 
 
 
 
 
 
 
 
… Respondents 
 
For the Petitioner: 
Rai Zamir-ul-Hassan, ASC 
 
(Through video link from Lahore)  
 
For the State:  
 
Mr. Irfan Zia, DPG, Punjab 
 
Date of Hearing: 
 
09.06.2023 
 
JUDGMENT 
 
SAYYED MAZAHAR ALI AKBAR NAQVI, J.- The petitioner was proceeded 
against in terms of the case registered vide FIR No. 69 dated 27.04.2017 
under Section 9(c) of the Control of Narcotics Substances Act, 1997 at 
Police Station Kandiwal, District Chiniot as ten kilograms poppy plant was 
recovered from him. The learned Trial Court vide its judgment dated 
14.07.2017 convicted the petitioner under Section 9 (c) of the CNSA, 1997, 
and sentenced him to rigorous imprisonment for eleven years with fine of 
Rs.15,500/- or in default whereof to further undergo SI for eight months. 
Benefit of Section 382-B Cr.P.C. was also extended in his favour. The 
learned High Court vide impugned judgment maintained the conviction 
and sentence recorded by the learned Trial Court.  
2. 
 
The prosecution story as narrated in the impugned judgment 
reads as under:- 
Criminal Petition No. 733-L/2018 
2
“2. 
The prosecution story as alleged in the FIR lodged on the 
written complaint of Rashid Hassan, ASI (PW-2), the complainant is 
that on 27.04.2017, the complainant (PW-2) along with Jaffer Ali 
219/C (given up PW), Jaffer Ali 220/C (PW-3) and Saba Hussain 
500/High Court (given up PW) was present at Thatha Sargana in 
connection with patrolling, in the meanwhile, the complainant (PW-
2) received a secret information that the accused-Barkhurdar while 
carrying poppy plants, was coming towards Jhanda Burj from chowk 
Sheraykianwala and if a raid was conducted, the accused-
Barkhurdar could have been apprehended, whereupon the 
complainant along with police party reached at the spot and 
overpowered the accused-Barkhurdar. During search, poppy plants 
weighing 10 kilograms were recovered from the sack, which was 
taken into possession by the complainant (PW-2) vide recovery 
memo (Ex.PB). Out of the recovered substance, a sample of poppy 
plants weighing 500 grams was separated for narcotic analysis by 
embossing a seal of BH. Thereafter, the complainant (PW-2) drafted 
a complaint (Ex.PA/1) and sent the same to the police station 
through Saba Hussain 500/High Court (given up PW) for registration 
of formal FIR.”  
 
3. 
 
At the very outset, learned counsel for the petitioner 
contended that the petitioner has been falsely implicated in this case and 
the Police has planted a fake case upon him. Contends that the allegedly 
recovered poppy straw is largely used for fodder of animals, therefore, 
it should not be considered as narcotics substance. In support of the 
argument, he relied on Zulfiqar @ Zulfa Vs. The State (2021 SCMR 531). 
Lastly contends that the reasons given by the learned High Court to sustain 
conviction of the petitioner are speculative and artificial in nature, 
therefore, the impugned judgment may be set at naught.   
 
4. 
 
On the other hand, learned Law Officer supported the 
impugned judgment. He contended that the petitioner was caught red 
handed with a huge quantity of narcotics and the Police had no enmity 
with him to falsely implicate him in the present case, therefore, he 
deserves no leniency from this Court.  
5. 
 
We have heard learned counsel for the petitioner as also 
learned Law Officer and have perused the case record. 
Criminal Petition No. 733-L/2018 
3
6. 
 
As per the prosecution story, on a spy information that the 
petitioner is carrying a huge quantity of narcotics, the Police party set a 
blockade and apprehended the petitioner and recovered poppy plants 
weighing ten kilograms from him. However, there is nothing in evidence as 
to what actually was recovered from the possession of the petitioner. Was 
it only the doda/basket/pouch or it was the whole plant with stems and 
flowers. In Zulfiqar @ Zulfa Vs. The State (2021 SCMR 531) this Court while 
relying on earlier judgments of this Court has defined as to what actually is 
the poast/opium. It would be in order to reproduce the relevant portion of 
the judgment, which reads as under:- 
“In Section 2(t) of the Control of Narcotics Substances Act, 1997, 
‘opium’ has been defined as under:- 
 
“(t) “opium” means:- 
 
(i) 
poppy straw, that is to say, all parts of the poppy plant 
(papaver somniferum or any other species of Papaver) 
after mowing, other than the seeds, 
 
(ii) 
the spontaneously coagulated juice of capsules of poppy 
which has not been submitted to any manipulations 
other than those necessary for packing and transport; 
and 
 
(iii) 
any mixture, with or without natural materials, of any of 
the above forms of opium, but does not includes any 
preparation containing not more than 0.2 per cent of 
morphine;” 
 
7. 
As per definition clause of CNSA, after mowing, all parts of the 
poppy plant except seeds are considered to be poppy straw. 
However, this Court in the case reported as Taimoor Khan Vs. State 
(2016 SCMR 621) while referring to earlier judgment of this Court 
reported at Muhammad Imran v. The State (2011 SCMR 1954) has 
held that it is only the basket, sack or pouch (also known as ‘Doda’) 
excluding the seeds, which contains narcotic substance and that all 
poppy straw may not necessarily be ‘poast’/doda because poppy 
straw can be any other part of the mowed poppy plant as well, 
excluding the seeds. It would be advantageous to reproduce the 
relevant portion of the said judgment, which reads as under:-  
 
 “What exactly is that which is called 'Poast'? 
            
It has been agreed before us by the learned counsel for all the 
parties and it is also borne out from the authoritative works 
referred to above that in the local parlance Poast is the name 
given to that part of a poppy plant which has the shape of a 
basket, sack or pouch and it contains the seeds of such plant. 
Criminal Petition No. 733-L/2018 
4
This natural pouch or bulb made of the skin of the plant is meant 
by the nature to hold and protect the seeds of the plant 
contained therein. In some parts of this country this natural 
pouch of the poppy plant is also known as Doda. The Control of 
Narcotic Substances Act, 1997 calls this part of a poppy plant as 
'capsule' of poppy and this finds a specific mention in section 
2(t) (ii) of the said Act. The authoritative works mentioned above 
as well as the learned counsel for all the parties before us are 
also in agreement that if an unripe capsule of a poppy plant is 
given an incision then a fluid oozes out of the same containing 
meconic acid and a number of alkaloids including narcotine and 
morphine which fluid thickens within a short time and becomes 
brown in colour and such substance is pure opium. It is also 
agreed at all hands that even ripe and dry capsules of poppy 
contain morphine and other alkaloids, i.e. opium, although less 
in quantity, which can be used for sedative and narcotic action. 
Most of the authoritative works produced by the learned 
counsel for the parties also confirm that alkaloids can be 
extracted even from a mature and dry plant of poppy or poppy 
straw whether it is in its natural shape or is in a crushed form. 
However, the seeds contained in a capsule of a poppy are free 
from morphine. After its mowing every part of a poppy plant, 
including its capsule/Poast/Doda but excluding the seeds, is 
generally called poppy straw and, thus, every Post/Doda is a 
part of a poppy straw but all poppy straw may not necessarily 
be Poast/Doda because poppy straw can be any other part of 
the mowed poppy plant as well, excluding the seeds.  
 
8. 
From the above, it is clear that ‘Poast’ is the name given to 
that part of a poppy plant which has the shape of a basket, sack or 
pouch and it contains the seeds of such plant.”  
 
7. 
 
In the Zulfiqar supra case, the Court further observed that in 
common parlance, it has been seen that oftenly stems and leaves of the 
poppy plants are used as animal food. The plant can reach the height of 
about 1-5 meters (3-16 feet). The poppy plant is a spontaneous plant and 
is often seen grown on roadsides. Poppy straw is derived from the plant 
Papaver somniferum, which has been cultivated in many countries of 
Europe and Asia for centuries. This has medicinal impact as well, which is 
largely used as a tonic for wellness of nervous system. The purpose of its 
cultivation was actually the production of poppy seeds. The latter is used 
as a food stuff and as a raw material for manufacturing poppy-seed oil, 
which is used for making various varnishes, paints and soaps etc. 
Therefore, every cultivation of poppy straw unless it is proved that it is 
made for the sole purpose of extracting narcotics after a proper method 
cannot be considered a criminal act. It has also not been brought on 
Criminal Petition No. 733-L/2018 
5
record as to whether from the ten kilograms of the recovered poppy plant, 
how much quantity was the sack/pouch/doda as it is only the 
sack/pouch/doda which contains narcotic substance. Therefore, in 
absence of such report, it is difficult to determine as to whether the case 
against the petitioner falls within the purview of Section 9(a), 9(b) or 9(c) 
of the Act. The peculiar facts and circumstances of the present case are 
sufficient to cast a shadow of doubt on the prosecution case, which 
entitles the petitioner to the right of benefit of the doubt. It is a well 
settled principle of law that for the accused to be afforded this right of 
the benefit of the doubt, it is not necessary that there should be many 
circumstances creating uncertainty and if there is only one doubt, the 
benefit of the same must go to the accused. The conviction must be 
based on unimpeachable, trustworthy and reliable evidence. Any doubt 
arising in prosecution case is to be resolved in favour of the accused. 
However, as discussed above, in the present case the prosecution has 
failed to prove its case beyond any reasonable shadow of doubt. 
8. 
 
For what has been discussed above, this petition is 
converted into appeal, allowed and the impugned judgment is set aside. 
The petitioner is acquitted of the charge. He shall be released from jail 
unless detained/required in any other case. The above are the detailed 
reasons of our short order of even date.  
 
 
 
 
JUDGE 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the  
9th of June, 2023 
Not Approved For Reporting 
Khurram 
