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---Exclusive knowledge. Recovery of heroin, ice, opium and charas weighing around 15 kilograms in total was made from secret cavities of truck in which accused was also travelling. Narcotics were concealed in secret cavities and there was no evidence suggesting that accused was aware of presence of contraband or had exclusive knowledge of such cavities. Mere presence of accused in vehicle was not sufficient to implicate him unless conspiracy or abetment of offence was established and proved. Concept of collective or family liability is generally rejected by criminal law as principles of actus reus and mens rea attach liability to individual who committed act with criminal intention. The case against accused was one of further inquiry. Bail was allowed.

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