IN THE SUPREME COURT OF PAKISTAN 
 
   (Appellate Jurisdiction) 
 
 
Present: 
 
Mr. Justice Iftikhar Muhammad Chaudhry, HCJ  
Mr. Justice Khilji Arif Hussain 
Mr. Justice Tariq Parvez  
 
CMA No.1362 of 2012 AND  
Civil Petition No.357 of 2012 
 
Regional Director, Anti Narcotics Force   
 
Petitioner  
VERSUS 
Rizwan Ahmed Khan & others  
 
 
 
Respondents  
 
For the Petitioner  
: 
Mr. Muhammad Akram Sheikh, Sr.ASC 
 
 
 
 
 
Brig. Fahim Ahmed Khan,  
 
 
 
 
 
Force Commander  
 
 
 
 
 
Abid Zulfiqar, Dy. Director/IO, ANF 
 
For the respondents  
: 
N.R. 
 
Date of Hearing  
: 
10.04.2012 
 
ORDER 
 
 
 
This application (CMA No.1362 of 2012) has been 
moved by Mr. Muhammad Akram Sheikh, learned Sr.ASC, on 
behalf of ANF, in a case, which is already pending before this 
Court bearing Civil Petition No.357 of 2012. The case relates to 
FIR No.40 of 2011, dated 10.10.2011, under Sections 9(c), 14, 15 
& 16 of Control of Narcotic Substances Act, 1997 registered with 
Police Station ANF, District Rawalpindi.  
 
2. 
 
The facts as mentioned in the FIR as well as noted in 
the memo of Civil Petition for Leave to Appeal, are reproduced 
hereinbelow:- 
“Today on 10.10.2011, I assistant director enforcement 
section ANF RD was present at Rawalpindi, Assistant Atif 
Hayat brought a letter No.9-9/10 police/I dated 19.09.2011 in 
Civil Petition No.357 of 2012 
2 
reference 
of 
letter 
No.13(302)ANF/LAH/2011 
dated 
18.08.2011 for registration of a case upon the direction 
Secretary, Ministry of Narcotics Control issued from 
Muhammad Hayat Section Officer. According to this letter, 
on 03.02.2011 during 28th Session of National Assembly in 
Narcotics Session the Federal Health Minister had stated on 
the floor that two companies who got illegal permission to 
export Ephedrine and letter on this Ephedrine was sold out 
to manufacturers including unknown persons, we have 
ordered for collection of their registration, issuance of show 
cause notice for production of all relevant documents and 
their subsequent seizure. M/s Berlex Lab international 
Multan had obtained permit on 25.03.2010 for 6000 kg 
Ephedrine and on 22.09.2010 500 kg Ephedrine for the 
Ministry of Health and this allocation was for export 
purpose. Whereas M/s DANAS Pharmaceutical Islamabad 
has obtained allocation of 1500 kilogram on 15.04.2010 for 
export purpose Iftikhar Ahmed Khan Babar Chief Executive 
of M/s Berlex Lab International Multan and Ansar Farooq 
Ch. Chief Executive of Danas Pharmaceuticals (Pvt) Ltd. 
Lahooti Group Islamabad had obtained these export 
allocations for Controlled Chemical Ephedrine by using the 
influence of high officers. Later on the Ephedrine was sold 
out to local manufactures and unknown persons in violation 
of law for ulterior motives. Both these companies/firms had 
committed offence of criminal negligence/illegal acts using 
the powers of high officers. In this illegal act and criminal 
negligence, the then Director General Health of Ministry of 
Health 
and 
other 
officers 
of 
Ministries 
of 
Health 
Government of Pakistan had acted in connivance with them 
and they allocated the extra ordinary quota for Ephedrine to 
these firm/companies in abuse of their official position. 
Therefore, the record was collected for the purpose of 
registration of a case and sent to Police Station ANF, 
Rawalpindi through Constable Ghulam Shabbir. Case may 
be registered and number may be sent. I am busy in 
investigation. From office of the enforcement Section RD 
ANF Rawalpindi at 1.30 p.m. and on 10.10.2011. Signed in 
English by Riaz Ali, Assistant Director Incharge Police 
Station ANF Rawalpindi. The case has been registered 
without any delay. The copies of the FIR are distributed 
according to rule the copy of FIR is attached. 
 
That the proper investigation was conduced by Investigation 
Team who recorded statements of 70 witnesses, beside other 
documentary 
evidence 
was 
also 
taken 
in 
custody. 
Involvement of Pharmaceutical Company’s administration 
and the staff of Ministry of Health in the commission of 
offences were taken on record. Interim challan has been 
submitted on 18.02.2012 in CNS Court, Rawalpindi. Some of 
the 
accused 
are 
hiding 
and 
escaped 
their 
arrest. 
Investigation qua highly influential figures of the Country is 
in progress. Their involvement is mentioned in the 
statements of co-accused which is being verified by the 
Investigation Team which is also corroborated by the other 
evidence collected by Investigation Team.”     
 
3. 
 
After the registration of FIR, one Rizwan Ahmed 
Khan S/o Muhammad Khan, who is stated to be the Director of 
Denas Pharmaceuticals Private Limited, Islamabad, instituted a 
petition for quashment of the FIR, which was dismissed on 
Civil Petition No.357 of 2012 
3 
26.01.2012 with the observation that “Secretary, Ministry of 
Narcotics Control, is under an obligation to decide the same 
within a reasonable time”. Against this observation of the High 
Court, a Civil Petition for Leave to Appeal has been filed by 
Regional Director, ANF, which is pending decision before this 
Court. On the last date of hearing i.e. 29.03.2012, a request was 
made on behalf of the petitioner to withdraw the petition, which 
was declined for the reasons, mentioned in para 2 of the said 
order, which read as under :-  
“2. 
In the normal course, such a request is 
entertained and allowed, but in this case the Registrar 
of this Court has received a letter through fax. 
Attention of the learned counsel has been drawn 
towards the contents of the said letter and is ordered to 
be kept on record. Although whereabouts of the person, 
who sent this letter to the Registrar have not been 
mentioned, but when we have enquired from Brigadier 
Faheem, Force Commander, Rawalpindi, to highlight 
about the instant case, he stated that this matter 
pertains to the grant of quota of Ephedrine to two 
Companies namely M/s Berlex Lab International, 
Multan and Danas Pharmaceuticals Private Limited 
against the rules as both the companies got allotted 
6500 KGs and 2500 KGs Ephedrine, respectively, 
whereas under the rules a quota more than 500 KGs 
Ephedrine cannot be allocated. Further it has been 
pointed out that quota can be allotted to those 
Pharmaceuticals Companies, who are manufacturing 
the medicines in which Ephedrine as one of ingredients 
is to be used,  but the aforesaid Companies instead 
have sold Ephedrine, which is also known as poorman 
Cocaine, to the local manufacturers and unknown 
persons and earned profit. It has been added that 
investigation was conducted and case has been 
challaned against 10 persons namely M/s Iftikhar 
Ahmed Khan Babar; Rashid Jumma; Rizwan Ullah 
Khan; Ehsan-ur-Rehman; Tanvir Hassan Sherazi; 
Chaudhry Abdul Waheed; Ansar Farooq Chaudhry; 
Col.(R) Tahir-ul-Wadood Lahoti; Muhammad Hashim 
Khan; and Tauqir Ali Khan.”  
 
4. 
 
In view of the facts and circumstances stated before 
this Court, it was further observed as under:- 
“3. 
According to the Force Commander, there are 
few other persons, some of them succeeded in getting 
bail before arrest. It has also been also informed that 
Civil Petition No.357 of 2012 
4 
in the month of January, 2011 a question in this 
regard 
was 
raised 
in 
National 
Assembly 
and 
Makhdoom Shahabuddin, Federal Minister for Health, 
made a statement for conducting investigation/inquiry 
and accordingly a committee was constituted, which 
had submitted its report, but this report has not so far 
been brought on record of the National Assembly. 
Meanwhile, Secretary, Narcotics  Control, vide letter 
dated 14.02.2012, concluded that no direct evidence 
about the misuse of quota by the said Firms have been 
established/found in the above mentioned reports, 
which reports according to the Force Commander were 
fictitious and got prepared by the Health Department, 
therefore, he did not agree with the same and resisted 
by sending a letter to the Secretary on 22.02.2012. The 
Secretary on having seen the reaction from the Force 
Commander ultimately wrote a letter on 22.03.2012 
stating therein that evidence, if any, against the 
applicant (Tauqir Ali Khan son of Shaukat Ali Khan) 
or the political figure in the subject matter may be 
brought into the notice of the Secretary and prior 
approval of the Secretary may be obtained for further 
prosecution of the applicant and said political figure.  
 
4. 
It is to be noted that the Investigating Officer 
Abid Zulfiqar, Deputy Director, ANF, issued a notice to 
Ali Musa Gillani on 12.03.2012 for recording of his 
evidence, as according to him, material has come on 
record that Touqeer Ali Khan used to claim himself to 
be the Private Secretary of Ali Musa Gillani. We are of 
the opinion that reference of the political figure in the 
letter of the Secretary is of Ali Musa Gillani. However, 
on having taken into consideration the importance of 
the case, we are not inclined to grant permission to the 
learned counsel to withdraw the petition and the 
petitioner-department is directed to place on record all 
the relevant documents i.e. copies of the inquiry 
conducted by a team constituted by the Health 
Minister; copies of the reports, which were got 
prepared by the Secretary of Narcotics Control; copies 
of the challans and FIR as well as summons issued; 
and copies of the letters of the Secretary, dated 
14.02.2012; 22.02.2012; and 22.03.2012. The Force 
Commander, Rawalpindi, is also required to place on 
record 
complete history of the 
case alongwith 
supporting documents on the next date of hearing. 
Meanwhile, without prejudice to the petition which has 
been filed by the ANF, the investigation as well as trial 
of the accused persons shall continue independently.”  
 
 
 
However, it seems that as in view of the fact that 
some influential personalities were being involved in the 
proceedings, particularly, one Touqeer Ali Khan, who claims 
himself to be Personal Secretary to Mr. Ali Musa Gillani S/o Syed 
Yousaf Raza Gillani (Prime Minister of Pakistan) and Mr. 
Civil Petition No.357 of 2012 
5 
Khushnood Akhtar Lashari, the then Secretary, Ministry of 
Health, who is presently posted as Principal Secretary to Prime 
Minister of Pakistan, therefore, notices were issued to both of 
them to join the investigation, as also evident from the contents 
of the paras reproduced hereinabove.  
 
5. 
 
It is to be noted that under Anti Narcotics Force Act, 
1997, since its promulgation, the posts of Director General and 
Field Directors are normally held by the serving Defence 
Personnel of the ranks of Major General and Brigadiers, 
respectively, but surprisingly Establishment Division, Cabinet 
Secretariat, Government of Pakistan, Islamabad, by means of 
notifications dated 06.04.2012 repatriated Major General Syed 
Shakeel Hussain, the then Director General, ANF and in his 
place allowed Mr. Zafar Abbas, Acting Secretary, Ministry of 
Narcotics Control, (BS-21) to hold the additional charge of the 
post of Director General, ANF. The said notifications read as 
under:- 
NOTIFICATION 
 
 
The Secondment of Major General Syed 
Shakeel Hussain – PA-17141, presently serving as 
Director General, Anti-Narcotics Force (ANF), under 
Ministry of Narcotics Control, is repatriated to 
Pakistan Army with immediate effect.  
Sd/- 
(Abdul Latif) 
Deputy Secretary to the 
Government of Pakistan” 
 
…………….. 
 
NOTIFICATION 
 
 
Mr. Zafar Abbas, a BS-21 officer of Police 
Service of Pakistan, presently posted as Acting 
Secretary, Ministry of Narcotics Control is allowed 
to hold the additional charge of the post of Director 
General, Anti-Narcotics Control (ANF), in addition 
Civil Petition No.357 of 2012 
6 
to his own duties, with immediate effect and until 
further orders. 
Sd/- 
(Abdul Latif) 
Deputy Secretary to the 
Government of Pakistan” 
 
6. 
 
As it has been noted in order of this Court dated 
29.03.2012 that in pursuance of a question raised in the National 
Assembly, the then Federal Minister for Health Makhdoom 
Shahabuddin ordered for an inquiry and thereafter the then 
Secretary ANF, Mr. Sohail Ahmed, vide his letter dated 
19.09.2011, addressed to the Director General, ANF, Rawalpindi,  
advised the ANF to proceed with the investigation in the subject 
case by exercising the powers as mandated/provided to the ANF 
by CNS Act, 1997. However, after the registration of the case 
reportedly Mr. Sohail Ahmed was transferred and acting charge 
was given to Mr. Zafar Abbas, inasmuch as, it has been pointed 
out that after passing of order by this Court, dated 29.03.2012, 
when the directions were given to the ANF to proceed with the 
matter SRO No.282(1)/2012 was issued with back date i.e. 
21.03.2012 in pursuance whereof an amendment was made in 
earlier notification No.SRO.594(1)/1997 dated 07.07.1997 to the 
effect that in place of “Director General, Anti Narcotics” the 
words and comma “Secretary, Narcotics Control Division” shall 
be substituted. Prima facie, it requires to be noted that under 
Section 3 read with Section 4 of ANF Act, 1997 the force is to be 
headed by the Director General and not the Secretary.  
 
7. 
 
Be that as it may, at this stage, it is not necessary to 
discuss this issue because so far we have not issued notice of this 
Civil Petition No.357 of 2012 
7 
application and the facts are being noted herein just to 
understand the controversy between the parties.  
 
8. 
 
It seems that after passing the order dated 
29.03.2012, transfer order of Major General Syed Shakeel 
Hussain has been issued, for which listed CMA has been moved 
and despite it the ANF authorities continued probing into the 
matter and issued summons in the name of Mr. Khushnood 
Akhtar Lashari, Principal Secretary to Prime Minister of 
Pakistan as well as for Mr. Ali Musa Gillani, enabling them to 
appear for recording of their statements.  
 
9. 
 
Brig. Fahim Ahmed Khan has stated that he was 
called by the Principal Secretary, who persuaded him to have a 
one-on-one meeting in his office, which according to him, he 
reluctantly accepted and during this meeting the investigation of 
the case was discussed and Mr. Khushnood Akhtar Lashari 
conveyed him six concerns but he has not agreed to any of the 
same, as a result whereof, he was also transferred on 09.04.2012 
alongwith Deputy Director Mr. Abid Zulfiqar, vide notification of 
even date, which are reproduced hereinbelow.  
“Following posting/transfer are made with immediate effect 
and until further orders:- 
S.No. 
Name of 
officer 
From 
To 
1. 
Brig. Fahim 
Ahmad Khan  
RD ANF 
Rawalpindi 
Director 
(DAPRC) ANF 
HQ Rwp.  
 
Mr. Abid Zulfiqar, Deputy Director, RD ANF Rawalpindi, is 
directed to report to ANF Hqs for further posting. 
 
Note: Previous orders may please be treated as cancelled. 
 
Sd/- 
Zafar Abbas, PSP 
Civil Petition No.357 of 2012 
8 
Director General, ANF 
09.04.2012 
 
Director (Hq) ANF” 
 
 
 
Mr. Khushnood Akhtar Lashari had a conversation 
with Brig. Fahim Ahmed Khan and what has been discussed and 
transpired between them, the latter has reduced the same into an 
affidavit, which under his own signatures and duly attested has 
been placed on record; contents whereof are reproduced 
hereinbelow:- 
“AFFIDAVIT 
 
I, Brigadier Fahim Ahmed Khan S/O Muhammad Yasin 
Khan Sherwani, force Commander, Anti Narcotics Force, 
Regional Directorate, Rawalpindi, do hereby solemnly affirm 
on oath that; 
 
1. 
ANF has registered FIR No. 40/2011 dated 
10.10.2011 in PS ANF Rawalpindi. 
2. 
IO of the afore-mentioned case has sent notices and 
letters to Mr. Khushnood Akhtar Lashari (Ex 
Secretary Health) presently working as Principal 
Secretary to Prime Minister Mr. Yousaf Raza 
Gillani/Secretary 
Establishment 
Division, 
for 
recording of his statement. 
3. 
In response to the afore-mentioned notices, I along 
with Lt. Col Syed Touqir Abbas Zaidi (Joint Director 
ANF) and IO Abid Zulfiqar (Deputy Director ANF) 
went to the office of Mr. Khushnood Akhtar Lashari, 
in PM House on 24th March, 2010 and, on the desire 
of Mr. Khushnood Akhtar Lashari and his assurance 
to bring the real facts to light, I  had a separate 
meeting 
with 
him 
in 
his 
office, 
where 
he 
discussed/conveyed the following to me in a 
maligning and threatening manner, because he 
being one of the Prime (abettor/associate/facilitator) 
in the case wanted to make full use of his present 
appointment/office 
to 
suppress/distort/misdirect 
investigation against himself and Ali Musa Gillani:- 
 
Mr. Khushnood Akhtar Lashari said that 
father of Ali Musa Gillani is very upset and 
worried due to the summon issued to him. 
 
He said that if ANF focuses on two 
Pharmaceutical companies only and spare 
others, ANF will be fully supported; Both 
companies 
will 
be 
ruined 
and 
State 
Machinery will be with you……… 
 
He said that, you know, civil military relates 
have recently improved……… 
 
H said that all depends on you (Brigadier 
Fahim) you can only save from chaos and 
upheavals……. 
 
He further said in a sarcastic manner and 
meaningful expression that ANF is being 
commanded 
and 
controlled 
by 
army 
officers…….. 
Civil Petition No.357 of 2012 
9 
 
He asked to spare Ali Musa Gillani, his          
(         ) will be done. This is a matte of 
National Interest. 
  
4. 
In this regard, since then, may prejudiced, unfair 
and unwarranted actions have been taken by 
different state departments which confirms the 
practical manifestation of above mentioned threats 
and his heinous/malicious design to sabotage the 
investigation by one way or the other.  
 
Whatever I have stated above is true to the best of my 
knowledge and belief and nothing has been concealed 
therein.  
 
Sd/- 
Deponent 
Brigadier Fahim Ahmed Khan 
09.4.2012” 
 
 
 
We would not like to comment in depth on the 
conduct and reaction either of the personalities or functionaries 
unless they are not heard except observing that commission of 
the crime,  as it has been disclosed in the FIR, is of serious nature 
notwithstanding that whosoever is involved and what is his 
status, however, prima facie it has got its own repercussions 
independent with criminal proceedings and also in respect of the 
alleged favour by Ministry of Health, particularly, to Berlex Lab 
International, Multan and Danas Pharmaceuticals Private 
Limited by extending them quotas of Ephedrine, which is a 
chemical used in methamphetamine and the same is also used for 
the purpose of addiction, may be within the country and outside 
the country. Detail discussion, however, shall be made 
subsequently, but we may observe that if the allegation as leveled 
is there, the concerned authorities should have allowed a 
transparent inquiry and investigation instead of causing 
obstructions and hampering the same for one or the other reason.  
Civil Petition No.357 of 2012 
10 
10. 
 
At this stage, we are not concerned as to whether 
what should be the punishment and what should be the result 
because interim challan has already been submitted and the 
matter is under probe and some of the accused persons have 
approached Islamabad High Court, Islamabad, for grant of bail, 
and their cases are also pending, which are required to be decided 
in accordance with law, but after having taken into consideration 
the above facts and circumstances of the case, prima facie we are 
of the opinion that transfer/posting of Major General Syed 
Shakeel Hussain, Director General, ANF; Brigadier Fahim 
Ahmed Khan, Regional Director, ANF; and Mr. Abid Zulfiqar, 
Deputy Director, ANF, in colorable exercise of powers, is not free 
from extraneous consideration.  
 
11. 
 
Be that as it may, we direct that notice of this 
application be issued by names to the Acting Secretary, Ministry 
of Narcotics Control; Major General Syed Shakeel Hussain; 
Brigadier Fahim Ahmed Khan; Mr. Ali Musa Gillani; the present 
Secretary, Ministry of Health; and the Directors of the 
aforementioned Companies. Meanwhile, the Regional Director 
Brig. Fahim Ahmed Khan and Deputy Director Abid Zulfiqar are 
directed not to relinquish the charge and should continue with 
the investigation of the case without being influenced in any 
manner from any one. However, if in the meantime Mr. 
Khushnood Akhtar Lashari, Principal Secretary to the Prime 
Minister and Mr. Ali Musa Gillani or anybody else appears to 
Civil Petition No.357 of 2012 
11 
record his statement, he should be examined by providing fair 
opportunity and in accordance with law.        
 
12. 
 
The case is adjourned to 20.04.2012. Meanwhile, 
anti status-quo shall be maintained and no order shall be passed 
without the concurrence of the Court pending decision of the case. 
Notice to the learned Attorney General for Pakistan be also 
issued for the next date of hearing.      
Chief Justice 
 
 
Judge 
 
 
Judge 
 
 
 
 
ISLAMABAD 
10.04.2012 
Zubair