| Case ID |
0be24693-f900-417d-bf30-a29a33269896 |
| Body |
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| Case Number |
Criminal Appeal No.283 of 2020 |
| Decision Date |
Feb 06, 2021 |
| Hearing Date |
Feb 04, 2021 |
| Decision |
The appeal against the conviction of Muhammad Younas under Section 9(c) of the Control of Narcotics Substances Act, 1997 was allowed. The court found that the prosecution failed to prove safe custody and transmission of the narcotic samples, which are critical elements for a conviction in narcotics cases. The discrepancies in witness statements and lack of corroborative evidence led to the conclusion that the prosecution did not establish its case beyond a reasonable doubt. Consequently, the impugned judgment of the trial court was set aside, and Muhammad Younas was acquitted of the charges. |
| Summary |
In the case of Muhammad Younas vs. The State, the Balochistan High Court dealt with a criminal appeal concerning the conviction of the appellant under the Control of Narcotics Substances Act, 1997 for possession of three kilograms of charas. The case highlighted significant issues regarding the chain of custody and credibility of witness statements. The court emphasized that the prosecution must establish a transparent and unbroken chain of custody for narcotics, which includes safe storage and transmission of samples to the chemical examiner. Due to contradictions in witness testimonies and failure to ensure the integrity of the evidence, the court ruled in favor of the appellant, setting aside the conviction and acquitting him. This case underscores the importance of stringent procedural requirements in drug-related offenses and the necessity for clear and consistent evidence in criminal trials. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED BALOCH
|
| Lawyers |
Muzafar Umrani
|
| Petitioners |
MUHAMMAD YOUNAS
|
| Respondents |
THE STATE
|
| Citations |
2022 SLD 638,
2022 MLD 379
|
| Other Citations |
Minhaj Khan v The State 2019 SCMR 326
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c)
|