| Case ID |
02086efc-8dcb-44dc-85ff-9cd4a401108a |
| Body |
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| Case Number |
Criminal Jail Appeal No. 7 of 2019 |
| Decision Date |
Jun 24, 2019 |
| Hearing Date |
Jun 13, 2019 |
| Decision |
The Balochistan High Court set aside the conviction and sentence of the appellant Abdul Qudoos under Section 9(c) of the Control of Narcotic Substances Act, 1997, leading to his acquittal. The prosecution failed to establish ownership of the house from where the contraband was recovered, nor did they prove that the accused had conscious possession of it. Significant delays in sending the samples for chemical analysis raised serious doubts about the integrity of evidence presented. Consequently, the appeal was allowed, and the appellant was ordered to be released from custody if not required in any other case. |
| Summary |
In the case of Criminal Jail Appeal No. 7 of 2019, the Balochistan High Court addressed significant issues regarding the burden of proof in narcotics cases under the Control of Narcotics Substances Act, 1997. The court highlighted that mere recovery of contraband from a location does not equate to guilt unless the prosecution proves the accused's ownership and possession of that location. The appeal was based on the prosecution's failure to provide credible evidence linking the accused to the house where narcotics were found. The court emphasized the importance of maintaining a proper chain of custody for evidence, as delays in sending samples for analysis can undermine the prosecution's case. The judgment underscored the necessity for reliable and trustworthy evidence in criminal proceedings, particularly in drug-related offenses, where the stakes are high and the implications of a conviction severe. In this instance, the High Court found the evidence insufficient to support the conviction, leading to an acquittal. This case serves as a critical reminder of the standards required in criminal law to ensure justice is served. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
NAEEM AKHTAR AFGHAN,
ABDUL HAMEED BALOCH,
ABDUL QUDOOS
|
| Lawyers |
Barrister Zahoor Hassan Jamote,
Habibullah Gul
|
| Petitioners |
ABDUL QUDOOS
|
| Respondents |
THE STATE
|
| Citations |
2019 SLD 3171,
2019 YLR 2907
|
| Other Citations |
Abdul Ghani v. The State 2019 SCMR 608,
The State v. Imam Bakhsh 2018 SCMR 2039
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances (Government Analysts) Rules, 2001
|
| Sections |
9(c),
161,
340(2),
342,
382B,
R.6
|