| Case ID |
04b1cb11-3c83-4500-afbd-d16adfbda34d |
| Body |
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| Case Number |
Criminal Petition No.62-K of 1995 |
| Decision Date |
Dec 13, 1995 |
| Hearing Date |
Dec 13, 1995 |
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the acquittal of Iqbal Ahmed Khan, stating that the prosecution was not valid as the complainant, Mr. G.R. Halipota, was not a legally appointed Drug Inspector under the Drugs Act, 1976. The court emphasized that the failure to comply with the statutory requirements for prosecution invalidated the proceedings, regardless of whether objections were raised during the trial. The decision reinforced the importance of adhering to legal protocols in drug-related prosecutions to ensure accountability and protect public health. |
| Summary |
In the case of Criminal Petition No.62-K of 1995, the Supreme Court of Pakistan addressed significant issues regarding the procedural validity of drug-related prosecutions under the Drugs Act, 1976. The case arose from the acquittal of Iqbal Ahmed Khan, who was accused of selling spurious drugs. The key legal question revolved around the authority of the complainant, Mr. G.R. Halipota, who was found not to be a legally appointed Drug Inspector. The court ruled that the prosecution could only be initiated by authorized inspectors, emphasizing the necessity of following legal protocols to protect public health and safety. This case highlights the delicate balance between prosecutorial authority and the rights of individuals, underscoring the importance of lawful conduct in drug enforcement actions. The ruling serves as a precedent to ensure that only qualified officials can initiate prosecutions, thereby enhancing the integrity of the legal process in drug-related matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
SALEEM AKHTAR,
MUKHTAR AHMAD JUNEJO
|
| Lawyers |
Akhlaq Ahmed Siddiqui
|
| Petitioners |
THE STATE through Advocate General, High Court of Sindh, Karachi
|
| Respondents |
IQBAL AHMED KHAN
|
| Citations |
1996 SLD 830,
1996 SCMR 767
|
| Other Citations |
Not available
|
| Laws Involved |
Drugs Act (XXXI of 1976)
|
| Sections |
30,
27(1)(a),
27(2)(b)
|