| Case ID |
0baa13e1-7465-4d14-bc0c-8448bd450535 |
| Body |
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| Case Number |
Civil Petition No.474 of 2005 |
| Decision Date |
Dec 17, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' appeal against the conviction and life imprisonment under section 9(c) of the Control of Narcotic Substances Act, 1997. The court upheld the findings of the Peshawar High Court, confirming that the testimony of police witnesses was credible and that the petitioners had failed to raise valid objections regarding the recovery of narcotics. The court ruled that the application of section 103 of the Criminal Procedure Code was excluded under section 25 of the Control of Narcotic Substances Act. The court found no merit in the petitioners' arguments regarding the validity of the confessional statements and the absence of public witnesses during the recovery process. Ultimately, the Supreme Court found no legal error in the High Court's judgment that would warrant interference and refused leave to appeal. |
| Summary |
In the case of Civil Petition No.474 of 2005, the Supreme Court of Pakistan addressed significant legal issues surrounding the Control of Narcotic Substances Act, 1997, particularly focusing on the evidentiary value of police testimony and the procedural requirements for the recovery of narcotics. The court emphasized that police officials are competent witnesses and their testimonies cannot be dismissed solely based on their employment status. The court also noted that the petitioners did not challenge the nature of the narcotics recovered. The decision reinforced the importance of adhering to legal standards in confessional statements and highlighted the court's reliance on established precedents. The ruling serves as a critical reference for future narcotics cases, establishing the importance of credible witness testimony and the procedural nuances of narcotics recovery. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
MUHAMMAD AKHTAR SHABBIR
|
| Lawyers |
Hafiz S.A. Rehman,
Niar Ahmad Rathore,
Qari Abdul Rashid
|
| Petitioners |
MUHAMMAD SALEEM,
MUHAMMAD MUSHTAQ,
ZUHRA BIBI
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 1682,
2008 SCMR 742
|
| Other Citations |
Shoukat Khan v. State 2003 PCr.LJ 324,
Muhammad Azam v. State PLD 1996 SC 67,
State v. Muhammad Naseer 1993 SCMR 1822,
Ali Muhammad v. State 2002 SCMR 54,
State v. Muhammad Amin 1999 SCMR 1367,
Muhammad Hanif v. State 2003 SCMR 1237
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Criminal Procedure Code, 1898,
Constitution of Pakistan, 1973
|
| Sections |
9(c),
25,
103,
185(3)
|