| Case ID |
04c8cda8-7430-41b3-b57b-efd9d9d8a33f |
| Body |
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| Case Number |
Criminal Appeals Nos. 40, 41 and 81 of 2012 |
| Decision Date |
May 16, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court addressed three criminal appeals involving the possession and trafficking of narcotics under the Control of Narcotics Substances Act. The court found that the prosecution had established sufficient evidence against the appellants Kashif Nawaz and Muhammad Imran, leading to their conviction. However, the court also recognized mitigating circumstances regarding the quantity of contraband and reduced their life sentences to seven years each, along with a fine. In contrast, the appeal of the female co-accused was accepted due to a lack of evidence linking them to the narcotics, resulting in their acquittal. |
| Summary |
This case revolves around the conviction of two male appellants, Kashif Nawaz and Muhammad Imran, for narcotics trafficking under the Control of Narcotics Substances Act, 1997. The court examined the evidence presented, including witness testimonies and chemical analysis results, which confirmed the presence of narcotics in the vehicle they occupied. The court acknowledged the lack of evidence against the female co-accused, leading to their acquittal. The decision highlights the importance of establishing a clear link between the accused and the contraband in narcotics cases, as well as the consideration of mitigating circumstances when determining sentences. Keywords: narcotics, trafficking, conviction, acquittal, evidence, mitigating circumstances, Peshawar High Court. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WAQAR AHMAD SETH,
MALIK MANZOOR HUSSAIN
|
| Lawyers |
Noor Alam Khan,
Malik Manzoor Hussain
|
| Petitioners |
MUHAMMAD IMRAN
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 425,
2015 PCRLJ 45
|
| Other Citations |
Qaisarullah v. State 2009 SCMR 579
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
342
|