Case Details

Citation(s)
2026 SLG 1706 2026 SLD 1706
Islamabad High Court
Criminal Appeal No. 09 of 2022, Criminal Appeal No. 14 of 2022, Jail Appeal No. 30 of 2022, Jail Appeal No. 31 of 2022, Jail Appeal No. 32 of 2022
Presented By: (Mohsin Akhtar Kayani) Judge (Sardar Ejaz Ishaq Khan) Judge
Appellants by: Raja Nasir Mehmood, Raja Wasim Akbar and Mr. Faisal Nawaz Advocates State by: Mr. Sohail Khan Jadoon, Special Prosecutor ANF Date of Hearing: 13.06.2022

Afaq Ali

VERSUS

The State, Naseer Ahmed Versus The State, Naseer Ahmed Versus The State, Noor ud Din Versus The State, Afaq Ali Versus The State.

Law: Control of Narcotic Substances Act, 1997

Section: 6, 9(a), 9(c), 14, and 15

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 342, 382-B

Law: Code of Criminal Procedure, 1898

Section:

Tagline

Mere co-traveling in a shared vehicle where separate, small-scale packets of narcotics are recovered from the individual domains of different passengers does not automatically establish joint or collective possession under Section 6 of the CNSA, 1997, without independent evidence of a shared criminal enterprise; each accused can only be convicted and sentenced based on the specific quantity of contraband found in their individual, exclusive, and conscious possession.
 

Precise Summary

1. Context & Case History

In the appeals decided under Naseer Ahmad v. The State (2025 SLD 1730)and Naseer Ahmad, etc. v. The State (2025 SLD 1723), three appellants—Naseer Ahmad, Afaq Ali, and Noor-ud-din Afridi—were stopped by ANF officers in a car on the Islamabad Motorway link road. Upon interrogation, separate and distinct packets of narcotics were recovered from each individual: Naseer (the driver) produced 100 grams of ICE from his shirt pocket; Afaq (front passenger) yielded 1200 grams of charas from beneath his seat; and Noor-ud-din (rear passenger) produced 1200 grams of charas from between his feet.

The trial court convicted all three under a theory of "joint possession" for the cumulative quantity of 2.5 kg of narcotics and sentenced them to 5 years and 6 months of rigorous imprisonment under Section 9(c)/15 of the CNSA, 1997. The appellants challenged their convictions and the joint liability finding before the High Court.

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