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| 2026 SLG 4352 = 2026 SLD 4352 = 2026 SCP |
Supreme Court of Pakistan
CRIMINAL APPEAL NO.20-Q OF 2023 (On appeal against the judgment dated 27.12.2021, passed by the High Court of Balochistan, Turbat Bench at Quetta in Criminal Appeal No.T.58/2021 and Murder Reference No.T.05 of 2021)
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SHAKEEL AHMAD MR. JUSTICE ISHTIAQ IBRAHIM
Syed Pervez Baloch, State counsel
CRIMINAL APPEAL NO.20-Q OF 2023 (On appeal against the judgment dated 27.12.2021, passed by the High Court of Balochistan, Turbat Bench at Quetta in Criminal Appeal No.T.58/2021 and Murder Reference No.T.05 of 2021)
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SHAKEEL AHMAD MR. JUSTICE ISHTIAQ IBRAHIM
Syed Pervez Baloch, State counsel
Muhammad Hussain …Appellant(s)
VERSUS
The State …Respondent(s)
Law: Control of Narcotic Substances Act, 1997
Section: 9(c)
Law: Code of Criminal Procedure, 1898
Section: 382-B, 173
Summary In this judgment, the Supreme Court of Pakistan partly allowed the appeal of Muhammad Hussain, who had been convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 for allegedly smuggling 1,500 kg of charas concealed in a dumper. The Trial Court sentenced him to death (later altered to life imprisonment by the High Court). The Supreme Court found that although the Seizing Officer claimed to have prepared 1,500 separate sample parcels, only a single consolidated parcel (Parcel No.1, weighing 7,500 grams) was actually sent to and examined by the Forensic Science Laboratory. Relying on the settled principles in Ameer Zeb v. The State (PLD 2012 SC 380) and Para Din v. The State (2016 SCMR 806), the Court held that only the quantity actually subjected to chemical analysis can legally be attributed to the appellant for conviction and sentencing. Accordingly, the conviction was maintained but the sentence was reduced from life imprisonment to seven years, with the fine intact and the default imprisonment reduced to two months. Core Points Prosecution alleged recovery of 1,500 kg of charas (75 bags × 20 packets × 1 kg) from a dumper at D.Baloch Cross on 16.02.2020. Trial Court sentenced appellant to death; High Court altered it to life imprisonment; Supreme Court granted leave to appeal. Seizing Officer (PW-1) claimed 1,500 sample parcels (Nos.1–1500) were prepared, each of 5 grams. However, the Forensic Science Laboratory report (Exh. P-7/D) showed only one parcel (Parcel No.1) with a consolidated sample of 7,500 grams was received and examined. The State Counsel could not explain why only one consolidated parcel was dispatched despite 1,500 parcels being prepared. Following Ameer Zeb and Para Din, only the quantity actually analysed (7,500 grams) can be considered for conviction and sentence. The lower courts erred by sentencing for the entire recovered quantity. Result: conviction maintained under section 9(c); sentence reduced from life imprisonment to seven years; fine intact; default imprisonment reduced to two months; benefit of Section 382-B Cr.P.C. extended. Law and Sections Law / Provision Section Application in…