Supreme Court of Pakistan
Mudassar Ali Khan, Zaman Ullah Khan and Rehman Said v. The State through Prosecutor General, Punjab
Published on this website
Criminal Petition No. 1385 and Jail Petition No. 620 of 2023
Citation: Not approved for reporting; no reported citation stated
Case summary
The judgment in brief
The Supreme Court acquitted two passengers where the alleged open retention of narcotics during a police chase was inherently improbable, but maintained the driver's conviction because control of the vehicle, flight and recovery near his feet proved conscious possession.
Question of law
The legal question
Whether the prosecution proved conscious possession of the separately alleged narcotics recoveries against the driver and both passengers beyond reasonable doubt, and whether the driver's life sentence remained appropriate on the facts proved against him.
Court holding
What the Court decided
The alleged exposed retention of narcotics by the two passengers throughout the police chase and collision was inherently improbable and created reasonable doubt. The driver's control of the vehicle, attempt to escape and recovery of 9,600 grams near his feet proved conscious possession. His conviction survived, but the cumulative mitigating circumstances justified reducing life imprisonment to fourteen years' rigorous imprisonment.
Result
Outcome and directions
Zaman Ullah Khan and Rehman Said were acquitted and ordered to be released unless required in another case. Mudassar Ali Khan's conviction under section 9(c) was maintained, but his life sentence was reduced to fourteen years' rigorous imprisonment; the fine, default sentence and section 382-B benefit were maintained.
Practical effect
What the decision means in practice
Zaman Ullah Khan and Rehman Said were acquitted and ordered to be released unless required in another case. Mudassar Ali Khan's conviction under section 9(c) was maintained, but his life sentence was reduced to fourteen years' rigorous imprisonment; the fine, default sentence and section 382-B benefit were maintained.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
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Authority and later treatment
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- Approved for reporting; reported citation should be checked when assigned
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- Later treatment
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Independent analysis
Read Shahbaz Shah's legal commentary
The Supreme Court acquitted two passengers where the alleged open retention of narcotics during a police chase was inherently improbable, but maintained the driver's conviction because control of the vehicle, flight and recovery near his feet proved conscious possession.
Read full commentary →