IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition Nos.26-P & 27-P of 2020 
(Against the order dated 14.11.2019 passed by the Peshawar High Court Peshawar 
passed in Cr.A. No.104-P/2019) 
 
State through Director ANF 
(in both cases_ 
 
 
…Petitioner(s) 
Versus 
 
 
 
 
 
 
  
Aurangzeb 
(in Cr.P..26-P/2020) 
Malook 
(in Cr.P.27-P/2020) 
 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Muhammad Tariq,  
 
 
 
 
Special Prosecutor, ANF (in both cases) 
 
 
 
For the Respondent(s): N.R. (in both cases) 
 
Date of hearing: 
28.07.2021 
 
 
 
 
 
ORDER 
 
 
Qazi Muhammad Amin Ahmed, J.- Commonality of the 
issue binding Cr. P.26-P of 2020 with Cr. P.27-P of 2020, directed 
against Aurangzeb and Malook, respondents, respectively, necessitates 
a joint consideration.  
The respondents were hauled up, on 28.11.2017, by a contingent 
of 
Anti-Narcotic 
Force 
Peshawar 
with 
18.600 
kilograms 
of 
methamphetamine, a synthetic psychoactive drug, designated as a 
contraband within the contemplation of section 8 of the Control of 
Narcotic Substances Act, 1997; it comprised of 34000 tablets, wrapped 
in packets, comprising two lots, separately secured from different 
points; 34 tablets from each lot were sent for forensic analysis that 
confirmed their narcotic character as “Metamfetamine, Benzodiazepine, 
Phencyclindine And Morphine”.  
2. 
 
Indicted under clause (c) of Section 9 of the Act ibid, 
respondents claimed trial that resulted into their conviction thereunder; 
vide judgment dated 29.01.2019, they were sentenced to imprisonment 
for life with a direction to pay fine in the sum of rupees one million 
each; the High Court, however, considering the samples for forensic 
Criminal Petition No.26 & 27-P/2020  
2
analysis as deficient in terms of law declared by this Court in Ameer 
Zaib case (PLD 2012 SC 383) altered their conviction in appeals, 
separately filed by the convicts, into clause (a) of the section ibid and 
reduced their sentences to the periods already undergone by them with 
a substantial reduction in the fine vide impugned judgment dated 
14.11.2019, vires whereof, are being assailed on the grounds that there 
was no occasion for the High Court after maintaining the convictions to 
reduce convicts’ sentences on a premise hardly sustainable in law. The 
learned counsel elaborated his point of view by arguing that the High 
Court had misdirected itself to apply the principle laid down in the 
supra case in disregard to the nature, shape and format of the 
contraband, uniquely integrated into small tablet form, incapable of 
traditional sampling suggested in the case; he next argued that the 
Control of Narcotic Substances Act covered a wide range of “narcotic 
drugs, psychotropic substances or controlled substances” manufactured, 
marketed and administered through various mediums other than usual 
chunks of shaped pieces and, thus, in the peculiar circumstances of 
case, dispatch of 34 tablets, from each lot, squarely constituted 
representative samples, leaving no space for a contra hypothesis. Any 
other interpretation or approach would defeat the legislative intent and 
purpose, concluded the learned Law Officer. Leave is granted to 
examine the validity of above position. Send for the respondents 
through bailable warrants in the sum of Rs.200,000/- each, returnable 
to the Assistant Registrar of this Court at Peshawar. Station House 
Officer shall execute the warrants within a fortnight.    
 
 
 
 
Judge 
 
 
Judge 
Peshawar, the 
28th July, 2021 
Not approved for reporting 
Azmat/-