sharif2uys/supreme-court-of-pak-judgments huggingface dataset:
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Crl. Petition No.114 of  2018  
(Against the judgment dated 17.01.2018 of the High Court of  
Sindh, Sukkur Bench passed in Cr. Appeal No.D-99/2016) 
 
 
 
Abdul Ghafoor 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State and another  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Muhammad Amjad Iqbal Qureshi, 
ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
For the Respondent(s): 
Raja Inaam Amin Minhas,  
Special Prosecutor ANF 
 
Date of hearing: 
11.10.2021. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.-  The petitioner was on 
the wheel of an oil-tanker when intercepted by a contingent of ANF 
Sakkur on 04.05.2013; upon search, an huge cache of cannabis 
weighing 500 k.g., concealed in the secret cavities, was recovered; Aziz 
Ahmed co-accused, on board, was also taken to the task; upon 
indictment, they claimed trial that resulted into their conviction under 
clause (b) of section 9 of the Control of Narcotic Substances Act, 1997; 
they were sentenced to imprisonment for life with a direction to pay fine 
vide judgment dated 25.04.2016. The High Court acquitted Aziz Ahmed 
from the charge, however, maintained petitioner’s conviction and 
sentence vide impugned judgment dated 17.01.2018, vires whereof, are 
being assailed primarily on the ground that prosecution hopelessly 
failed to drive home the charge inasmuch as none appeared to establish 
safe transmission of samples, secured at the time of seizure, to the 
office of Chemical Examiner so as to confirm the narcotic character of 
the contraband and, thus, there was no occasion for the trial Court as 
well as the High Court to assume that the seized contraband was 
Criminal Petition No. 114 of 2018 
2
actually cannabis without being presumptuous, an option hardly 
available under the law. The learned Special Prosecutor has not been 
able to controvert the position taken at the bar.  
2. 
 
Heard. Record perused. 
3. 
 
Heinousness of the charge and huge quantity of the alleged 
contraband, notwithstanding, the prosecution was under a bounden 
responsibility to drive home the charge by proving each limb of its case 
that essentially included production of the witness, tasked with the 
responsibility of transmitting the samples to the office of Chemical 
Examiner. Failure is devastatingly appalling with unredeemable 
consequences that cast away the entire case. Petition is converted into 
appeal and allowed; the impugned judgment is set aside; the appellant 
shall be released forthwith if not required to be detained in any other 
case.  
Copy of this judgment be transmitted to the Director General Anti 
Narcotic Force; he shall order a probe into the grievous lapse in 
prosecution of the case with a view to fix responsibility for the 
delinquents.  
 
 
 
  
 
 
Judge 
 
 
Judge 
 
 
Judge 
 
Islamabad, the 
11th October, 2021 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.1205 of 2019  
(Against order dated 24.09.2019 passed by the 
Peshawar High Court Peshawar in Crl. Appeal 
No.946-P of 2018)  
 
 
Asmat Ali 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. M. Amjad Iqbal, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
For the State: 
Mr. Arshad Hussain Yousafzai, ASC 
 
Date of hearing: 
04.05.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- During an haul up, 
Asmat Ali, petitioner, on the wheel of truck bearing No.Kohat-C-1417 
was intercepted by a contingent of Police Station Cantt. Kohat; 9600 
grams of contraband, forensically confirmed as cannabis, recovered 
from the tool box of the vehicle; learned trial Judge vide judgment 
dated 24.10.2018 returned a guilty verdict; convicted under section  
9 (c) of the Control of Narcotic Substances Act, 1997, he was sentenced 
to 10-years RI with a fine of Rs.100,000/-, upheld by the High Court 
vide impugned judgment dated 24.09.2019, vires whereof, are being 
assailed on a variety of grounds.  
2. 
 
Heard. 
3. 
 
We have examined the statements of recovery witnesses i.e. 
Muhammad Ali, SHO (PW-1) and Anwar Ali Head Constable/Incharge 
Check Post (PW-2); they are in tune with each other with no apparent 
motive to hound the petitioner on a trump up charge; substantial 
quantity of the contraband rules out a manipulated recovery. 
Petitioner, in his bid to disproof the charge, admitted most parts of the 
transaction on the eventful day except for an obvious denial regarding 
Criminal Petition No.1205 of 2019 
2
the contraband; appearance of his defence witness Diswar Ali (DW-1) 
on behalf of the Assistant Commissioner District Lower Orakzai to 
suggest exit of the vehicle on 7.10.2017 from Boya Check Post fails to 
contradict petitioner’s interception at the check post. On the contrary, 
petitioner’s own statement on oath, obliquely confirmed by his witness, 
puts him in the saddle. Alleged insufficiency of “protocol” mentioned in 
the forensic report is beside the mark; it conclusively establishes the 
narcotic character of the substance with sufficient details regarding the 
test carried out. Conclusions concurrently drawn by the courts below, 
being in accord with the principles of safe administration of criminal 
justice, do not call for interference. Petition fails. Leave declined. 
 
 
 
 
 
Judge 
 
 
 
 
 
Judge 
Islamabad, the 
4th May, 2020 
Not approved for reporting 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition No.1210 of 2020  
(Against 
the 
order 
dated 
25.09.2020 
passed by the Peshawar High Court in Cr. 
Misc. (BA) No.2881-P/2020) 
 
 
 
Lal Marjan  
Abid 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
Islam Gul and others 
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Asad Ullah Khan Chamkani, ASC 
 
For the Respondent(s): 
Mr. Zahid Yousaf Qureshi,  
 
Additional Advocate General, Khyber 
Pakhtunkhwa with M. Aslam, SI 
 
Date of hearing: 
09.12.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Two masked pillion 
riders surprised the complainant and the witnesses with sudden 
indiscriminate firing at 5:45 p.m. on 28.7.2020 within the remits of 
Police Station Barra District Khyber; from amongst the injured, Safeer 
subsequently succumbed to the injuries. As the investigation 
progressed, the complainant came up with a supplementary statement 
purportedly recorded on 6.8.2020 wherein the petitioners were arrayed 
as the culprits against the backdrop of deceased’s runaway marriage 
with a lady related with them, way back in the year 2012.  
2. 
 
Heard. Record perused. 
3. 
 
Be that as it may, it is prosecution’s own case that the 
assailants who emerged at the spot all of a sudden had concealed their 
faces with masks; 19 casings of 7.66 caliber secured from the spot 
suggest use of an automatic weapon, indicating suddenness of the 
Criminal Petition No.1210 of 2020  
2
episode in retrospect. Investigating Officer’s failure to recover the 
weapon or the motorbike used during the occurrence brings fate of 
prosecution case to be essentially decided on the basis of 
supplementary statement, evidentiary value whereof, is to be best 
assessed after recording of evidence. A case for petitioners’ release on 
bail is made out within the contemplation of sub section 2 of section 
497 of the Code of Criminal Procedure 1898; they shall be released 
upon furnishing bonds in the sum of Rs.500,000/- with one surety 
each in the like amount to the satisfaction of the learned trial Court. 
Petition is converted into appeal and allowed.        
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
9th December, 2020 
Not approved for reporting 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.1271 of 2019 
(Against order dated 21.11.2019 passed 
by Lahore High Court Lahore in Crl. Misc. 
No.65106-B/2019) 
 
Babar Latif 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State through P.G. Punjab & another 
 
…Respondent(s) 
 
For the Petitioner(s): 
Khawaja Awais Mushtaq, ASC 
 
For the respondent(s): 
Mr. Azhar Ch. ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
For the State: 
Mirza Abid Majeed,  
 
Deputy Prosecutor General, Punjab 
 
with Anwar, SI. 
 
Date of hearing: 
16.1.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Behind bars since 
28.8.2019, Babar Latif, petitioner seeks admission to bail; he 
alongside co-accused is attributed fatal shot to the deceased, en 
route with his sons on 27.4.2019 at 9:00 p.m. within the remit of 
Police Station Saddar Sialkot; crime report sans the motive. 
Specific role qua the deceased notwithstanding, nonetheless, the 
petitioner was blamed by the investigator to have instead abetted 
the crime without being present at the spot. Co-accused Adnan, 
saddled with the recovery of .30 caliber gun has since been 
arrested; forensic report regarding comparison of the gun with the 
casings is being awaited. 
2. 
 
Heard. Record perused. 
3. 
 
There are five accused, each armed lethally, assigned 
distinct shot to the deceased after having waylaid/intercepted the 
Criminal Petition No.1271 of 2019 
 
2
entourage, leaving others unscathed; findings recorded by the 
Investigating Officer are not inconsonance with the accusation 
assigned to the petitioner, taking on board each assailant distinctly 
with a solitary shot at a desolate place during dark hours. In the 
totality of circumstances, petitioner’s culpability, without prejudice 
to the prosecution case set up in the crime report, can be best 
settled after recording of evidence and as such his plea warrants 
further probe within the contemplation of subsection 2 of section 
497 of the Code of Criminal Procedure 1898. A case for grant of 
bail stands made out. Consequently, criminal petition is converted 
into appeal; allowed. The petitioner shall be released on furnishing 
bonds in the sum of Rs.500,000/- with two sureties each in the 
like amount to the satisfaction of the learned trial Court.   
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad  
16th January, 2020 
Not approved for reporting 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.1280 of 2019 
(Against order dated 22.10.2019 
passed by Lahore High Court in Crl. 
P. NO.54210-B/2019) 
 
 
Zaka Ullah 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State & another 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Babar Awan, Sr. ASC 
 
Syed Rifaqat Hussain Shah, AOR 
  
  
For the State: 
Mr. Abid Majeed Mirza,  
 
Deputy Prosecutor General Punjab  
 
with Pervez, I.O. 
 
For the Respondent(s): 
Mr. Shahid Azeem, ASC 
 
 Date of hearing: 
15.1.2020. 
 
ORDER 
 
                 Qazi Muhammad Amin Ahmed, J.- Behind bars since 
17.5.2019, Zaka Ullah, petitioner seeks admission to bail in a case 
of homicide; on the fateful day, he allegedly drove and whisked 
away co-accused Usman Ashraf on a motorbike after the deceased, 
on a motorbike as well, was dealt with multiple fire shots, 
including one by him. Motive for the crime is a runaway marriage. 
The deceased succumbed to the injuries after a brief struggle at 
the hospital; before the Medical Officer, amongst others, he 
accused Farooq and Waqas for having mounted the assault, 
however, First Information Report recorded on the statement of 
Ikram Aslam specifically named the petitioner with a role, 
nonetheless, belied by the Investigating Officer.  
2. 
 
Heard. Record perused. 
Criminal Petition No.1280 of 2019 
 
2
3. 
 
According to the crime report, the deceased was 
repeatedly shot initially by Muhammad Ashraf co-accused by a  
.30 caliber pistol, subsequently taken over by the petitioner to 
conclude the occurrence with the last shot, a role conspicuously 
omitted alongside the name in the last declaration, an apparent 
dichotomy to be best settled after recording of evidence. 
Investigating suggests petitioner’s presence at the spot, albeit with 
no role, a circumstance additionally calling for further probe in the 
alleged culpability; a case for release on bail stands made out. The 
petitioner shall be released upon furnishing bonds in the sum of 
Rs.500,000/- with two sureties each in the like amount to the 
satisfaction of the learned trial Court. The petition is converted into 
appeal and allowed. 
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad  
15th January, 2020 
Not approved for reporting 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
MR. JUSTICE MUSHIR ALAM 
MR. JUSTICE DOST MUHAMMAD KHAN  
 
Criminal Petition No.1287/2016  
(On appeal from the judgment dated 
28.10.2016 passed by the Peshawar High 
Court, 
Bannu 
Bench 
in 
Crl.Misc. 
Jail 
Application 350-B of 2016) 
 
Awal Khan and others  
 
 
 
 
 
 
 
 
… Petitioner(s) 
VERSUS 
The State thr. AG-KPK and another  
 
 
 
 
 
 
 
 
… Respondent(s) 
 
 
For the petitioner(s): 
Mr. Amjad Iqbal Khan, ASC 
 
 
 
 
Syed Fayyaz Ahmed Sherazi, AOR (absent) 
 
For the State: 
 
Mr. Muhammad Aslam Ghumman, ASC 
 
 
 
 
Mr. Munawar Khan, ASI/IO 
 
Date of hearing:  
12.1.2017 
 
 
ORDER 
 
 
 
 Mushir Alam, J.— For the reasons to follow, the 
petitioners are admitted to bail in case F.I.R. No.437 dated 6.8.2016, 
PS District Lukki, but subject to furnishing surety in the sum of 
Rs.2,00,000/- each with P.R. Bonds in the like amount to the 
satisfaction of the Trial Court.  
 
Petition is converted into appeal and allowed.  
 
Judge  
 
Judge  
Islamabad, the  
12th January, 2017 
Nisar/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Munib Akhtar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition No.1290 of 2021 
(Against the judgment dated 01.11.2021 passed by the Lahore 
High Court, Rawalpindi Bench in Crl. Misc. No.7752/2021) 
 
 
Muhammad Shoaib 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State & another  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Aftab Alam Yasir, ASC 
 
 
 
 
 
For the Respondent(s): 
N.R. 
 
Date of Hearing: 
06.12.2021. 
 
ORDER 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.- The petitioner, blamed 
to have violated Nadia Bibi, prosecutrix, inside her home, located within 
the precincts of Police Station Jatoi, District Muzaffargarh, on 
23.5.2021, unsuccessfully attempted for bail in anticipation to his 
arrest, 
first, 
through 
Criminal 
Miscellaneous 
No.7079-B/2021, 
dismissed as withdrawn before a learned Judge-in-Chamber of the 
Lahore High Court at Multan Bench; earlier dismissal, notwithstanding, 
he 
once 
again 
applied 
through 
Criminal 
Miscellaneous 
No. 
7752-B/2021, dismissed vide impugned order dated 01.11.2021, by the 
learned Judge in limine.  
 
Confronted with petitioner’s choice to withdraw the motion by his 
own election, the learned counsel pleaded that withdrawal being 
simpliciter without adjudication on merits of the case did not stand in 
impediment to re-hearing of the plea; an argument found by us as 
entirely beside the mark. It is by now well settled that an accused can 
maintain a subsequent bail petition, at post arrest stage, only on the 
strength of a fresh ground, accrued after dismissal of his first plea. It 
Criminal Petition No.1290 of 2021 
 
has been held by this Court in the case titled The State through 
Advocate General N.W.F.P. vs. Zubair Ahmed and 4 others (PLD 1986 SC 
173) that a ground earlier available but abandoned cannot be received 
as a fresh ground and, thus, consequences of withdrawal of a bail 
petition, made at any stage of hearing, cannot be quantified nor viewed 
as simpliciter and as such does not allow space for a second attempt in 
the absence of a newly accrued ground. For all intents and purposes, it 
is an abandonment, resorted to, more often than not, in the face of an 
impending dismissal. After withdrawal of a pre-arrest bail petition, 
exclusively maintained on the consideration of mala fide, hardly there is 
an occasion for a somersault. Petition fails. Leave declined.  
 
  
 
 
 
  
 
 
Judge 
 
 
Judge 
Islamabad, the 
6th December, 2021 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
MR. JUSTICE MUNIB AKHTAR 
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
 
 
 
Criminal Petition No.1303 of 2021 
(Against the order dated 01.10.2021 passed by the 
Islamabad High Court Islamabad  in Crl. Misc. No. 
931-S/2021) 
 
 
Mst. Kainat Bibi 
… Petitioner(s) 
Vs 
 
The State and another  
… 
Respondent(s) 
 
 
 
For the Petitioner(s)  
: 
Mir Afzal Malik, ASC 
 
 
 
For the State 
 
 
For the Respondent(s) 
: 
 
 
: 
Mr. Niaz Ullah Khan Niazi, 
Advocate General, Islamabad with 
Nawaz, I.O. 
Mr. Khurram Masood Kiani, ASC 
 
Date of Hearing 
: 
09.12.2021 
 
 
 
 
 
ORDER 
 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.:- Behind bars 
since, 24.4.2021, the petitioner, a maid employed in a household 
within the precincts of Police Station Shalimar Islamabad, was 
suspected by her employer to have stolen gold ornaments valuing 
Rs.2.5 million; during investigation, pursuant to her disclosure, 
she led to the recovery of some of the stolen articles. 
She has been denied bail throughout, lastly by a learned 
Judge-in-Chamber of the Islamabad High Court vide impugned 
order dated 01.10.2021, an order, strenuously defended by the  
learned Advocate General Islamabad on the ground that trial, 
being in progress with an accelerated pace is likely to conclude 
soon and, thus, it would be rather inexpedient to release her near 
fag-end of the case. 
2. 
 
Heard. Record perused. 
3. 
 
Be that as it may, offences complained do not fall 
within the prohibitory clause of section 497 of the Code of Criminal 
Procedure, 1898. Doors for petitioner’s release, being a female with 
Cr.P.1303/2021 
-:2:-
no past record, are statutorily wider and, thus, her continuous 
detention, is certainly serving no useful purpose.  
Evidentiary value of recovery dated 25.4.2021, allegedly 
attributed to the petitioner, au fait, accomplished by a male police 
officer in violation of subsection 5 of section 176 of the Code ibid is 
to be best adjudged during the trial inasmuch as the petitioner was 
taken into custody on 24.4.2021 and could not be held in police 
custody in violation thereof. A case for grant of bail stands made 
out. Petition is converted into appeal and allowed. Appellant/ 
petitioner is admitted to post arrest bail on her furnishing bond in 
the sum of Rs.50,000/- with two sureties in the like amount to the 
satisfaction of the learned trial Court.   
 
 
Judge 
Judge 
Islamabad, the 
9th December, 2021 
Azmat/*
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Amin-ud-Din Khan 
 
 
 
Criminal Petition No.1316 of 2016 
(Against the judgment dated 06.10.2016 passed by the Peshawar 
High Court Peshawar in Crl. A. No.602-P/2013) 
 
 
Rooh Ullah, etc. 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State, etc.  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Muhammad Ilyas Siddiqi, ASC 
 
 
 
 
For the State: 
Mr. Zahid Yousaf Qureshi,  
 
Addl. Advocate General, KP 
 
For the Respondent(s): 
Mr. Talat Mahmood Zaidi, ASC 
 
Date of Hearing: 
03.01.2022. 
 
ORDER 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Tarifullah, 55/60, and 
Muhammad Rawail, 20, were shot dead on 11.06.2007 at 5:00 p.m.  
within the precincts of Police Station Razakhel, District Nowshera, in 
the backdrop of an ongoing feud over a piece of property; Tariq Azam 
PW survived the assault to report the incident to the police at 7:25 p.m; 
the petitioners claimed trial before a learned Addl. Sessions Judge at 
Nowshera that culminated into their conviction both on the charges of 
homicide as well as murderous assault vide judgment dated 
31.10.2013; they were sentenced to imprisonment for life as well as  
5-years rigorous imprisonment, respectively; co-accused Shahid, 
arrayed through supplementary statement, was, however, acquitted 
from the charge, maintained by the High Court, vide impugned 
judgment dated 06.10.2016, vires whereof, are being assailed by the 
petitioners on the grounds that prosecution case, fraught with 
contradictions and doubts, merited outright rejection, in the face of an 
unproved motive. Prosecution’s failure to effect recovery of weapon from 
Rooh Ullah petitioner yet another predicament faced by the prosecution 
 
and, thus, evidence furnished by the injured PW was far from being the 
whole truth and, thus, was not worthy of implicit reliance, concluded 
the learned counsel. Contrarily, learned Law Officer assisted by learned 
counsel for complainant defended the impugned judgment.  
2. 
 
Heard. Record perused. 
3. 
 
We have gone through the statements of eye witnesses that 
include an injured to find them in a comfortable unison both on the 
salient features of the case as well as matters collateral thereto. No 
doubt, injuries on the person of a witness are not a passport into the 
realm of truth, however, the learned counsel has not been able to point 
out even a single circumstance to suspect testimony of Azam Tariq PW. 
Incident, a daylight affair, was reported with a remarkable promptitude 
followed by examination of the injured as well as autopsy,  
circumstances that cumulatively exclude possibility of consultations or 
deliberations. Investigating Officer’s failure to recover a weapon from 
Rooh Ullah does not overshadow the preponderance of prosecution 
evidence that includes recovery from the principal accused. Bald 
denials alone do not override the prosecution evidence, rightly relied by 
the courts below. Petition fails. Leave refused.  
 
 
  
 
 
  
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad, the 
3rd January, 2022 
Azmat/-