| Case ID |
0ab16b0b-7853-4e92-a59b-b8fbf605f500 |
| Body |
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| Case Number |
Criminal Appeal No. 41-P of 2021 |
| Decision Date |
Jul 09, 2021 |
| Hearing Date |
Jul 09, 2021 |
| Decision |
The court found that the evidence against Naveed Daud was not sufficient to uphold the conviction for trafficking narcotics. Key discrepancies in the testimonies of prosecution witnesses, along with failures to adhere to the procedural requirements regarding the handling of evidence, raised reasonable doubts about the prosecution's case. The court emphasized the importance of proper documentation and the qualifications of analysts in narcotics cases. Consequently, the conviction was set aside, and the appellant was acquitted of the charges, highlighting the principle of benefit of the doubt. |
| Summary |
In the case of Naveed Daud vs. The State, the Peshawar High Court addressed serious concerns regarding the evidence and procedures followed in narcotics trafficking cases under the Control of Narcotics Substances Act, 1997. The appellant was accused of trafficking 36 kilograms of charas, but significant discrepancies in witness testimonies and the qualifications of the government analyst led to doubts about the validity of the prosecution's case. The court ruled that the evidence presented was insufficient to uphold the conviction, emphasizing the necessity of strict adherence to legal protocols and the importance of qualified analysts in drug-related cases. This ruling reinforces the legal principle that any doubts about the prosecution's case must benefit the accused. The decision has implications for future narcotics cases, particularly concerning evidence handling and the qualifications of experts. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI,
MUHAMMAD NAEEM ANWAR
|
| Lawyers |
Malik Nasuminallah,
Atif Ali Khan
|
| Petitioners |
NAVEED DAUD
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 460,
2023 PCRLJ 154
|
| Other Citations |
Pir Noroz Ali Shah v. The State 2019 PCr.LJ 457,
Khair ul Bashar v. The State 2019 SCMR 930,
Muhammad Naeem v. The State and others PLD 2019 SC 669,
Qaiser Javed Khan v. The State PLD 2020 SC 57
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Control of Narcotic Substances (Government Analysts) Rules, 2001
|
| Sections |
9(c),
35,
4
|