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GHAZI KHAN PATHAN vs State 9(c) — 2025 SCMR 1351 SUPREME-COURT

Case information

Citation
2025 SCMR 1351 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
GHAZI KHAN PATHAN vs State 9(c)
Subject matter
Criminal
Provisions referred to
Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHAZI KHAN PATHAN VS State 9(c)---Possession of narcotic substance---Reappraisal of evidence---Presumption of knowledge and constructive possession of contraband---Scope---Prosecution case was that 30 kilogram charas/hashish was recovered from the truck driven by accused "GK", while accused "MK" was seated in the front passenger seat---Trial Court convicted both the accused and sentenced them to suffer imprisonment for life---Appeal was preferred before the High Court but was dismissed---Validity---Record showed that the intercepted truck was under the control and custody of the driver, petitioner "GK", which legally amounted to his constructive possession of the narcotic recovered from the vehicle---In such circumstances, the driver was deemed responsible for the contraband found in the vehicle under his charge and it was presumed that he had knowledge of its presence---When the petitioner, "GK", was signaled to stop the vehicle, he instead accelerated, which was a clear indication of his intent to flee---Such action of speeding up in response to a police signal, strongly suggested that the petitioner "GK" had something to hide---Situation became even more telling when, upon searching the vehicle, narcotic was uncovered from secret compartments within the truck's cabin body---Petitioner "GK" not only had knowledge of the contraband but was in clear constructive possession of the contraband narcotic---In that regard, the petitioner "GK" had been rightly found guilty of committing an offence falling within the ambit of Sections 6 and 7 of the Control of Narcotic Substances Act, 1997, and punishable under Section 9(c) of the said Act---Petition of petitioner "GK" for leave was dismissed accordingly.

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