| Case ID |
096a02d2-4d03-4786-be60-7b610a49beca |
| Body |
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| Case Number |
Criminal Appeals Nos.356 and 337 of 2021 |
| Decision Date |
Nov 02, 2022 |
| Hearing Date |
Oct 28, 2022 |
| Decision |
The court allowed the appeals against conviction, stating that the prosecution failed to prove the safe custody of the narcotics from the time of recovery until the time of chemical examination. The evidence presented was insufficient, particularly regarding the handling and storage of the narcotics, which was crucial in narcotic cases. The court emphasized the importance of establishing a clear chain of custody for the evidence, which was not adequately demonstrated in this case. Therefore, the appellants were granted the benefit of the doubt and acquitted of the charges. |
| Summary |
In the case of Muhammad Hassan and another vs. The State, the Sindh High Court examined the appeals of two individuals convicted under the Control of Narcotics Substances Act, 1997. The pivotal issue was the prosecution's failure to establish safe custody of the narcotics recovered. The appellants were accused of possessing 21.6 kilograms of charas, but discrepancies in the prosecution's evidence regarding the chain of custody of the narcotics led the court to question the integrity of the evidence presented. The court highlighted that in narcotics cases, the burden is on the prosecution to prove safe custody from the time of recovery to chemical analysis. The court's decision underscored the necessity for the prosecution to maintain a clear and unbroken chain of custody, thereby reinforcing the legal principle that any lapse in this process could lead to the acquittal of the accused. Ultimately, the appeals were allowed, and the convictions were overturned, emphasizing the critical nature of evidentiary standards in drug-related offenses. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Mohammad Karim Khan Agha,
Zulfiqar Ali Sangi
|
| Lawyers |
Ahmed Ali,
Muhammad Iqbal Awan,
Baber Hamid
|
| Petitioners |
MUHAMMAD HASSAN,
Muhammad Abbas
|
| Respondents |
The STATE
|
| Citations |
2024 SLD 3118,
2024 MLD 853
|
| Other Citations |
Kamran Shah and others v. The State and others 2019 SCMR 1217,
Haji Nawaz v. The State 2020 SCMR 687,
Qaisar Khan v. State 2021 SCMR 363
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Control of Narcotic Substances (Government Analysts) Rules, 2001
|
| Sections |
9(c),
4
|