MUHAMMAD DAUD vs State — 2026 SCMR 115 SUPREME-COURT

Case information

Citation: 2026 SCMR 115 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: MUHAMMAD DAUD vs State
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 9; Narcotic Substances Act (XXV of 1997)

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

MUHAMMAD DAUD VS State. S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotic substances---Bail, grant of---Quantity of narcotic attributed to accused---Conscious knowledge. Allegation against accused-petitioners was recovery of 3.2 kilograms methamphetamine from their possession. Question before Supreme Court was whether each accused was responsible for total recovery of 3.2 kilograms or only the quantity recovered from each individual accused. Held: At bail stage, where more than one accused are involved and each accused is attributed a certain quantity, total quantity cannot automatically be attributed to every accused. Conscious knowledge plays an important role at bail stage. Unless prosecution produces confidence inspiring material showing that each accused had knowledge of possession of narcotics by other accused, each accused shall be attributed only the quantity recovered from his own possession or pointation. Deeper appreciation of evidence is not undertaken at bail stage. Quantity attributed to each accused was 1 kg which did not fall within prohibitory clause of Section 497 Cr.P.C. Where offence does not fall within prohibitory clause, grant of bail is rule and refusal is exception. Petitions were converted into appeals and allowed.

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