| Case ID |
04424d01-1192-4ec0-b65d-6efe0a169fd9 |
| Body |
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| Case Number |
Cr. Jail Appeal No. D-109 of 2015 |
| Decision Date |
Apr 13, 2017 |
| Hearing Date |
Apr 06, 2017 |
| Decision |
The appeal against the conviction of Mst. Haseena Baloch was dismissed. The court upheld the conviction under Section 9(c) of the Control of Narcotics Substances Act, 1997, finding that the prosecution had established the recovery of 4 kilograms of heroin from the accused. The defense's arguments regarding the absence of private witnesses and the alleged malice of police witnesses were rejected, as the court noted that the law specifically excluded the application of Section 103 of the Criminal Procedure Code in such cases. The testimonies of police officials were deemed credible, and the evidence presented was found to be sufficient to support the conviction. |
| Summary |
In the case of Mst. Haseena Baloch vs. The State, the Sindh High Court addressed the complexities surrounding drug possession under the Control of Narcotics Substances Act, 1997. The appellant was convicted for possessing 4 kilograms of heroin, with the prosecution highlighting the recovery made by law enforcement during a raid. The court emphasized the admissibility of police witness testimonies, ruling that they hold equal weight as private witnesses unless proven otherwise. The decision underscored the importance of stringent measures against narcotics trafficking and affirmed the legal framework that governs such cases. The ruling serves as a precedent for future narcotics cases, reaffirming the exclusion of certain procedural requirements that could otherwise impede the prosecution's efforts in drug-related offenses. This case illustrates the ongoing battle against drug trafficking and the legal ramifications faced by offenders, reinforcing the judicial system's commitment to combating narcotics-related crimes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED HASSAN AZHAR RIZVI,
RASHEED AHMED SOOMRO
|
| Lawyers |
Muhammad Arif Malik,
Saleem Akhtar Buriro
|
| Petitioners |
MST. HASEENA BALOCH
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 3042,
2018 YLR 32
|
| Other Citations |
Zulfiqar Ahmed v. The State 2006 SCMR 800,
Naseer Ahmed v. The State 2004 SCMR 1361,
Aala Muhammad and another v. The State 2008 SCMR 649,
Muhammad Khan v. The State 2008 SCMR 1616
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
103
|