| Case ID |
0985745c-3ccb-4cf9-8faa-67afab2bb72c |
| Body |
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| Case Number |
Cr. Appeal No. D-164 of 2006 |
| Decision Date |
Feb 28, 2013 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the appellant was acquitted of the charge based on the evidence presented. The court found significant contradictions in the testimonies of prosecution witnesses regarding the presence of public witnesses during the arrest and recovery. The failure to involve any private witnesses created a reasonable doubt about the prosecution's case. The delay in sending samples for chemical examination was not explained, which further added to the doubt. The discrepancies in the weight of the narcotics recovered and the lack of proper procedure in handling the evidence led the court to conclude that the appellant deserved the benefit of the doubt, resulting in an acquittal. |
| Summary |
This case revolves around the conviction and subsequent appeal of Shafqat Mehmood under the Control of Narcotic Substances Act, 1997 for possession of charas. The Sindh High Court evaluated the evidence, finding critical inconsistencies in witness testimonies, particularly regarding the presence of private individuals during the incident. The court emphasized the importance of independent witnesses in narcotic cases, noting that the prosecution failed to justify the non-involvement of these witnesses despite their apparent presence. Additionally, the unexplained delay in the chemical analysis of the seized substances and discrepancies in the weight of the narcotics further undermined the prosecution's case. Ultimately, the court extended the benefit of doubt to the appellant, leading to an acquittal. This case highlights significant legal principles regarding evidence, the role of witnesses, and the standards required for a conviction in narcotics cases, making it crucial for legal practitioners and scholars alike. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
IRFAN SAADAT KHAN,
AFTAB AHMED GORAR
|
| Lawyers |
Syed Madad Ali Shah,
Syed Meeral Shah, D.P.G.
|
| Petitioners |
Shafqat Mehmood
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 2240,
2015 YLR 2163
|
| Other Citations |
Muhammad Aslam v. State (2011 SCMR 820),
Munawar Ali Jatoi v. State (2012 MLD 1763 [Sindh]),
Nazeer Ahmed v. State (PLD 2009 Karachi 191),
Umer Rehman v. State (PLD 2009 Karachi 284),
Zahid Iqbal v. State (2008 YLR 985 (Lahore)),
Niamatullah Khan v. State (2012 YLR 251 [Sindh])
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Control of Narcotic Substances (Government Analysts) Rules, 2001
|
| Sections |
9(c),
25,
R. 4(2)
|