IN THE SUPREME COURT OF PAKISTAN
(APPELLATE JURISDICTION)
PRESENT:
MR. JUSTICE IJAZ UL AHSAN
MR, JUSTICE MUNIB AKHTAR
MR. JUSTICE SAYVED MAZAHAR ALl AKBAR NAQVI
CRIMINAL APPEAL NO. 177 OF 2022
(Against judgment dated 29.06.2018 of the
High Court of Sindh, Sukkur Bench, Sukkur
passed in Cr.J.A.No.D-85/2013)
Zafar Iqbal 
Appellant(s)
VERSUS
The State
Respondent(s)
For the Appellant(s): 
Mr. Muhammad Amjad Iqbal Qureshi, ASC
Syed Rifaqat Hussain Shah, AOR
For the State: 
Mr. Zafar Ahmed Khan, Addl. P.G. Sindh
Date of Hearing: 
27.05.2022
JUDGMENT
Sawed Mazahar Ali Akbar Napvi.- The appellant was tried by the Special
Judge (CNSA), Ghotki, pursuant to a case registered vide Crime No.
03/2012 under Section 9 (c) of the Control of Narcotic Substances Act,
1997, at Police Station Excise Ubauro Circle. The learned Trial Court vide its
judgment dated 09.10,2013 convicted the appellant under Section 9 (c) of
the CNSA, 1997, and sentenced him to imprisonment for life. He was also
directed to pay fine of Rs.500,000/- or in default whereof to further suffer
six months SI. Benefit of Section 382-B CrP.C. was also extended to him.
The learned High Court vide impugned judgment maintained the
conviction and sentence recorded by the learned Trial Court. Being
aggrieved by the impugned judgment, the appellant filed Jail Petition No.
529/2018 before this Court wherein leave was granted on 17.03.2022 and
the present Criminal Appeal has arisen thereafter.
CRIMINAL APPEAL NO, 177 0F2022 
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2.
The facts of the case as given in the impugned judgment,
read as under:-
"2 concisely, the facts aggregated from the FIR, lodged
on 0307.2012 by the complainant Excise Inspector Hussain
Bux Lank, are that in the night time preceding to that date,
at about 11.30 pm, a party of Excise Police, headed by him,
found appellant/accused in possession of 1650 kilograms of
"poppy straw" (post-ji-dodi). The said contraband aritices
were being transported by him through a truck bearing No.
KUT/587 in shape of 55 'bortas' at National Highway near
Sindh-Punjab border. The appellant was arrested in the said
FIR as accused and sample was drawn from recovered case
property for chemical examination in presence of official
marginal witnesses of the memo of arrest and recovery."
3.
After completion of investigation, report under Section 173
Cr.P.C. was submitted before the Trial Court. In order to prove its case the
prosecution produced two witnesses. When examined under Section 342
Cr.PC., the appellant stated that he is innocent and has been falsely
implicated in the case. However, he neither opted to appear as his own
witness under Section 340(2) Cr.P.C. nor produced any defence evidence.
4.
At the very outset, learned counsel for the appellant
contended that the appellant has been falsely implicated in this case and
the Police has planted a fake case upon him. Contends that the narcotic
was allegedly recovered from the appellant in a busy thoroughfare but
none from the public was associated in the case to depose against the
appellant. While relying on the judgment reported as Zulfigar P Zulfa Vs.
The State (2021 SCMR 531), he contended that the allegedly recovered
poppy straw is largely used for fodder of animals, therefore, it should
not be considered as narcotics substance. Contends that Chemical
Examiner's report indicated that sample taken from recovered articles
was in "grinded and crushed" form but in recovery memo there was no
mention that recovered items from 55 plastic bags were grinded or
mixed. Lastly contends that it is only the sack/pouch/doda of a poppy
plant which contains narcotics substance and the same would only be
CRIMINAL APPEAL NO. 177 OF 2022 
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considered narcotic substance if the same contains 0.2 percent of
morphine.
5. On the other hand, learned Law Officer has supported the
impugned judgment. He contended that the appellant was caught red
handed while transporting a huge quantity of narcotics and the Police
officials had no enmity to falsely involve him in the present case. Contends
that mere technicalities could not absolve the appellant of his criminal
liability when the prosecution has proved its case against the appellant
beyond any shadow of doubt by producing cogent and confidence
inspiring evidence.
6.
We have heard learned counsel for the parties and have
perused the case record with their able assistance.
7.
The appellant was caught red handed by the Police while he
was driving a truck and from the secret cavities of the truck, 55 plastic
gunny bags containing poppy straw were recovered. Each bag was
weighing 30 kilograms, therefore, the total weight became 1650 kilogram.
One kilogram of poppy from each bag was taken out for chemical
examination. The same was sealed up in separate envelops and sent to the
office of Chemical Examiner. To bring home the guilt of the appellant, the
prosecution relied upon the statements of Hussain Bux, Excise Inspector
(PW-1) and Farhan All (PW-2). Both these witnesses have narrated the
prosecution story in a natural manner and remained consistent
throughout and their testimony could not be shattered by the defence
despite lengthy cross-examination. The said witnesses had no enmity with
the appellant to falsely implicate him in the present case. Even otherwise a
huge quantity of 1650 kilograms of poppy straw in no circumstances can
be planted by the Investigating Officer of his own. This Court in a number
of judgments has held that testimony of official witnesses is as good as any
other private witness unless it is proved that they have animus against the
accused. However, no such thing could be brought on record by the
appellant in this case. This Court has time and again held that reluctance
 of general public to become witness in such like cases has become
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CRIMINAL APPEAL NO, 177 OF 2022 
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judicially recognized fact and there is no way out to consider statement of
official witnesses, as no legal bar or restriction has been imposed on such
regard. police/official witnesses are as good witnesses and could be relied
Upon, if their testimonies remain un-shattered during cross-examination.
In this view of the matter, the statements of the official witnesses are
sufficient enough to sustain conviction of the appellant. However, so far as
quantum of punishment is concerned, we note that this is a case of lesser
punishment and for this we will firstly examine as to what actually is the
'poast'/Opium. In Zulfiga 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/opiurn. 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
(popover somniferurn or any other species of Popover)
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 minute, 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 'Dada')
excluding the seeds, which contains narcotic substance and that all
poppy straw may not necessarily be 'poast'fdoda 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 counselfor all the
parties and it is also borne out from the authoritative works
 
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CRIMINAL APPEAL NO. 177 OF 2022 
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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.
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 port 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 'Poost' is the name given to
that part of a poppy plant which has the shape of a basket, sock or
pouch and it contains the seeds of such plant."
8. From the above, it is clear that it is only sack/pouch/basket
of the whole poppy plant, which is called poast and the same is the only
part of the poppy plant excluding its seeds, which contains morphine. 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
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CRIMINAL APPEAL NO. t77 OF 2022 
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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. We have noted that in the FIR as well as in the
recovery memo it has been mentioned that poast/poppy straw was
recovered in 55 plastic gunny bags but there is no mention that
recovered items were got grinded or mixed and then sent to the
Chemical Examiner. On the other hand, contents of the report of
Chemical Examiner indicate that samples sent to it were in grinded form
i.e. grinded material of black and yellow coloured straws, seeds and
stalks, which means that whole poppy plant would have been recovered
from the appellant. From a bare perusal of Section 2(t)(iii) of the Control
of Narcotic Substances Act, 1997, referred above, it is manifest that 'poast'
in the mixture form would only be considered a narcotics substance within
the meaning of the Act if the same contains 0.2 percent of morphine.
However, the report of the Chemical Examiner reveals no such
percentage. It has also not been brought on record as to whether from the
1650 kilograms of poast, which was in the shape of whole poppy plants,
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 appellant falls within the purview of section 9(A), 9(B) or 9(C)
of the Act. While dealing with the question as to whether ascertainment
by a Chemical Examiner regarding the actual quantity of morphine in
the recovered substance is necessary in a case of recovery of poast, this
Court in the case of Muhammad lmran v. The State (2011 SCMR 1954) has
held that "the question of percentage of morphine is relevant only to the
case of a mixture referred to in clause (t)(iui) of section 2 of the said Act
and such a question has no relevance to opium in the form of ports of
the poppy plant or in the form of juice of the capsules of poppy. Section
3 of the said Act is confined to 'liquid preparations' only and refers to
calculation of percentages only in the context of such liquid
 preparations Poast or Dodo by itself cannot be termed as a 'mixture' or
is
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CRIMINAL APPEAL NO. 177 OF 2022 
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'liquid preparation'for the purposes of section 2(t) (iii) or section 3 and,
therefore, in a case of recovery of Poast or Dodo no ascertainment by a
Chemical Examiner is required regarding quantity of morphine, etc.,
available in such Poost or Dada." As discussed above, the report of the
Chemical Examiner, leaves no doubt that the recovered poast from the
possession of the appellant was in grinded/mixed shape, therefore, the
report of the Chemical Examiner ought to have mentioned the
percentage of morphine in the whole mixture. While examining the
whole record of the matter pertaining to recovery of contraband poast,
we deem it appropriate that the prosecution branch must consider all
aspects of the case narrated above prior to sending a person for trial in
the court of law as the shortcomings pointed out might hamper the
liberty of a person which in other words is a precious right, which has
been guaranteed under the Constitution of Islamic Republic of Pakistan,
1973.
9. For what has been discussed above, we while maintaining
the conviction of the appellant, reduce the sentence of imprisonment for
life into what he has already undergone. The appellant shall be released
from jail forthwith, unless detained/required in any other case. This
criminal appeal is accordingly partly allowed and the impugned judgment
is modified accordingly.
Islamabad, the
27th of May, 2022
Approved For Reporting
K4.1.k tifli