| Case ID |
00b05e4d-3b53-4caa-854e-80996458b47d |
| Body |
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| Case Number |
Criminal Appeal No. 908 of 2010 |
| Decision Date |
Apr 10, 2017 |
| Hearing Date |
Apr 10, 2017 |
| Decision |
The Lahore High Court acquitted Dilshad Ahmad, the appellant, of charges under Section 9(c) of the Control of Narcotic Substances Act, 1997, due to significant inconsistencies in the prosecution's evidence and the manner in which the investigation was conducted. The court found that the complainant conducted an investigation before formally registering the FIR, which rendered the prosecution's case doubtful. The evidence presented showed discrepancies regarding the safe custody of the recovered narcotics, which were critical to the prosecution's claims. As a result, the conviction and sentence imposed by the trial court were set aside, and the appellant was ordered to be released if not required in any other case. |
| Summary |
The case revolves around the appeal of Dilshad Ahmad against his conviction under the Control of Narcotic Substances Act, 1997. The Lahore High Court critically assessed the prosecution's case, which primarily hinged on the recovery of charas. The prosecution alleged that the appellant was caught selling charas and further led the police to recover additional quantities concealed in an iron trunk. However, the court identified serious flaws in the investigation process, including the complainant's premature investigation before the FIR was filed, and discrepancies in the documentation related to the recovery. The investigation was deemed flawed, leading to a conclusion that the prosecution failed to prove safe custody of the narcotics, thus creating reasonable doubt. The judgment highlighted the importance of procedural integrity in narcotics cases, emphasizing the need for strict adherence to legal protocols to ensure justice. Consequently, the court acquitted the appellant, underscoring the principle of 'benefit of doubt' in criminal law. Keywords such as 'narcotics law', 'criminal appeal', 'court decision', and 'legal standards' are pivotal in understanding the case's context and implications. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AALIA NEELUM,
RAJA SHAHID MEHMOOD ABBASI
|
| Lawyers |
Shahid Masood Khan,
Muhammad Waqas Anwar
|
| Petitioners |
Dilshad Ahmad
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 890,
2018 YLR 860
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotic Substances Act, 1997
|
| Sections |
9(c)
|