IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition No.1806-L of 2017 
(Against the judgment dated 8-11-2017 passed by the Lahore High 
Court Lahore in Crl. AppealNo.338-J/2014)  
 
 
 
Shabbir Hussain 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
The State 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr.Mazhar Iqbal Sidhu, ASC 
 
For the State: 
Raja Inam Ameen Minhas,  
 
Special Prosecutor, ANF 
 
Date of hearing: 
09.09.2020. 
 
ORDER 
 
              Qazi Muhammad Amin Ahmed, J.- On a tip off, Shabbir 
Hussain, petitioner, accompanied by his wife Sakina Bibi and two 
minor daughters  was surprised by a contingent of Anti Narcotic Force 
Faisalabad on 29.4.2013 in service area of Adda Johal. Upon search, 
the couple was found in possession of 15.600 kg, separately held by 
each in the bags carried by them; they claimed trial that resulted into 
their convictions under section 9(c) of the Control of Narcotic 
Substances, Act 1997; each was sentenced to imprisonment for life 
vide judgment dated 18.6.2014. The High Court maintained the 
convictions, however, substantially reduced the fine imposed by the 
trial Court; sentence awarded to Sakina Bibi co-accused was also 
reduced to the period already undergone by her vide impugned 
judgment dated 8.11.2017, vires whereof are being assailed on the 
grounds 
that 
it 
is 
extremely 
improbable 
that 
the 
petitioner 
accompanied by his better half and two minor daughters would carry 
Criminal Petition No.1806-L of 2017  
2
such a huge cache of contraband; that despite availability none from 
amongst the public came forward to attest the recovery, otherwise 
suspect in view of discrepant statements of the witnesses; forensic 
report, on samples belatedly dispatched, inherently deficient in 
protocol details, was the last nail in the coffin, concluded the learned 
counsel. The learned Law Officer, contrarily, faithfully defended the 
judgment. 
2. 
 
Heard. Record perused. 
3. 
 
Recovered contraband is quite a cache, in the absence of 
any apparent reason to falsely implicate the petitioner, by itself 
negates, hypothesis of fake imposition, that too, on a person travelling 
alongside his family, arrested at a place far away from his abode. 
Presence of a lady constable who frisked and arrested the co-accused 
goes a long way to support the prosecution case, suggestive of a 
methodology not unusual in drug trafficking; purported semblance of a 
family travelling together in routine appears to have been foiled by 
receipt of timely information, a scenario seemingly probable in 
circumstances.  
 
Mehmood-ul-Hassan Inspector (PW-3) joined by Mumtaz Bibi 
Lady Constable (PW-4) in the witness box furnished details of the 
arrest and recovery. We have gone through their statements to find 
them in a comfortable and confident unison on all the salient aspects 
of the raid as well as details collateral therewith. Learned counsel for 
the petitioner has not been able to point out any substantial or major 
variation or contradiction in their statements that may possibly justify 
to exclude their testimony from consideration. On the contrary, it 
sounds straightforward and confidence inspiring without a slightest 
tremor. Absence of a witness from the public, despite possible 
availability is not a new story; it is reminiscent of a long drawn apathy 
depicting public reluctance to come forward in assistance of law, 
exasperating legal procedures and lack of witness protection being the 
prime reasons. Against the above backdrop, evidence of official 
witnesses is the only available option to combat the menace of drug 
trafficking with the assistance of functionaries of the State tasked with 
the responsibility; their evidence, if found confidence inspiring, may 
implicitly be relied upon without a demur unhesitatingly; without a 
blemish, they are second to none in status. Similarly, forensic report is 
sufficiently detailed to conclusively establish narcotic character of the 
Criminal Petition No.1806-L of 2017  
3
contraband. The argument is otherwise not available to the petitioner 
as he never disputed the nature of substance being attributed to him 
nor attempted to summon the chemical analyst to vindicate his 
position. A challenge illusory as well as hyper-technical is beside the 
mark in the face of “proof beyond doubt” sufficient to prove the charge 
to the hilt. Petition fails. Leave declined.  
 
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
9th September, 2020 
Not approved for reporting 
Azmat/- 
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