KHADIM HUSSAIN vs State — 2026 SCMR 217 SUPREME-COURT

Case information

Citation: 2026 SCMR 217 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: KHADIM HUSSAIN vs State
Subject matter: Criminal
Provisions referred to: S. 497; S. 9---R; 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

KHADIM HUSSAIN VS State. S. 497(2)---Qanun-e-Shahadat (10 of 1984), Art. 122---Control of Narcotic Substances Act (XXV of 1997), S. 9---Recovery of narcotic substances---Bail, grant of---Further inquiry---Secret cavities of vehicle---Presence in vehicle---Exclusive knowledge---Recovery of heroin, ice, opium and charas (weighing differently) in total around 15 kilograms were recovered from secret cavities of the truck in which accused was also travelling---Narcotics were concealed from all individuals and the contraband items were recovered from secret cavities of vehicle in question---There was no evidence to suggest that accused was aware of presence of contraband items in concealed cavities of truck or had exclusive knowledge of the cavities in order to be subject to the provisions of Article 122 of Qanun-e-Shahadat, 1984---Prosecution had merely established presence of accused in truck at the time of its interception---Mere presence of accused in truck was not sufficient to implicate him in the case unless conspiracy or abetment of the offense was demonstrated and proven---Concept of collective or family liability was generally rejected by criminal law due to the fact that principle of actus reas (the guilty act) and mens rea (the guilty mind) attached liability to the individual who committed the act with intent---Case against accused was one of further inquiry---Bail was allowed.

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