| Case ID |
0303137a-8e16-40d6-9937-105d0c916ca6 |
| Body |
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| Case Number |
Criminal Jail Appeal No.D-94 of 2009 |
| Decision Date |
Aug 02, 2012 |
| Hearing Date |
Jul 31, 2012 |
| Decision |
The appellant was acquitted due to contradictions and doubts in the prosecution's evidence. The court highlighted that the prosecution's case was inconsistent, particularly due to the lack of independent witnesses and the presence of the investigating officer also being the complainant. The judgment noted that the police personnel's testimonies were scrutinized with greater caution, leading to the conclusion that the prosecution had not met the burden of proof required for a conviction. The appellant was granted the benefit of doubt and ordered to be released. |
| Summary |
This case involves the acquittal of the appellant under the Control of Narcotic Substances Act, 1997, specifically section 9(c), which pertains to the possession and trafficking of narcotics. The Sindh High Court reviewed the evidence presented by the prosecution, which was primarily composed of statements from police personnel. The court found significant contradictions in witness accounts regarding the recovery of narcotics, leading to reasonable doubt about the appellant's guilt. The case drew upon precedents that emphasize the need for caution when evaluating evidence from official witnesses, particularly when they are also involved in the investigation. The court's decision reflects a commitment to ensuring that the rights of the accused are upheld, especially in cases where the evidence is not compelling. The ruling underscores the principles of justice, the importance of independent verification in criminal cases, and the critical role of maintaining high standards of evidence in narcotics-related prosecutions. Keywords such as 'narcotics law', 'criminal appeal', 'evidence scrutiny', and 'benefit of doubt' are crucial for understanding the legal framework surrounding this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID ANWAR BAJWA,
AZIZ-UR-REHMAN
|
| Lawyers |
Advocate-General Sindh
|
| Petitioners |
HIDAYATULLAH
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 1343,
2012 PCRLJ 1927
|
| Other Citations |
State through Advocate-General Sindh v. Bashir and others PLD 1997 SC 408,
Tarique Pervez v. The State 1995 SCMR 1345,
Jan Alam v. The State 2009 YLR 1724,
Nazeer Ahmed v. The State PLD 2009 Karachi 191,
Mir Muhammad v. The State 2008 MLD 1333
|
| Laws Involved |
Control of Narcotic Substances Act, 1997
|
| Sections |
9(c)
|