| Case ID |
030c0320-85a2-42dc-82e8-bc17638e7d60 |
| Body |
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| Case Number |
Crl. A. Nos. 663, 684, 685, 834, 747 of 2018 |
| Decision Date |
Oct 18, 2023 |
| Hearing Date |
Oct 17, 2023 |
| Decision |
The Lahore High Court acquitted Muhammad Hanif Abbasi and others of charges related to the illegal use of ephedrine under the Control of Narcotic Substances Act. The court found that the prosecution failed to provide substantial evidence to support the claims of smuggling or misuse of the ephedrine quota. It was established that the quota was lawfully allotted and utilized for the intended pharmaceutical purposes. The court noted discrepancies in the prosecution's evidence and emphasized the lack of any substantial findings that could prove the accused's involvement in illegal activities. Consequently, the judgment of the trial court was set aside, and the appellant was ordered to be acquitted. |
| Summary |
In the case of Muhammad Hanif Abbasi and others, the Lahore High Court addressed serious allegations concerning the misuse of ephedrine quotas under the Control of Narcotic Substances Act, 1997. The case involved intricate details about the pharmaceutical industry, regulatory compliance, and procedural lapses in law enforcement. The prosecution alleged that the accused misused the ephedrine quota allotted for manufacturing De-ASM tablets, which were purportedly sold to narcotics smugglers. However, the court found that the evidence presented was insufficient and fraught with inconsistencies, including unverified invoices and procedural irregularities during the inquiry. The court underscored the importance of adhering to legal protocols in the investigation process, ultimately concluding that the prosecution could not substantiate its claims. This ruling not only highlights the judicial system's role in protecting individuals from wrongful accusations but also emphasizes the necessity for rigorous standards of evidence in narcotics-related cases. The decision reinforces the principle of presumption of innocence until proven guilty, a cornerstone of criminal justice. Keywords such as 'Control of Narcotic Substances Act', 'ephedrine quota', 'pharmaceutical compliance', and 'criminal procedure' are pertinent to this case, reflecting ongoing discussions in legal and pharmaceutical domains. |
| Court |
Lahore High Court
|
| Entities Involved |
Anti-Narcotics Force,
Grays Pharmaceutical,
Ministry of Health
|
| Judges |
Miss Aalia Neelum,
Asjad Javaid Ghural
|
| Lawyers |
Tanveer Iqbal,
Muhammad Ahsan Bhoon,
Azam Nazir Tarrar,
Hafeez-ur-Rehman Ch.,
Ch. Shaharyar Tariq
|
| Petitioners |
others,
MUHAMMAD HANIF ABBASI
|
| Respondents |
STATE etc.
|
| Citations |
2024 SLD 3741,
2024 PLJ 1
|
| Other Citations |
2009 SCMR 1232,
2010 SCMR 222
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9,
14,
15,
154,
155(2),
337,
339
|