| Case ID |
0ffd3e71-2be1-42fc-b681-00ad60c8816d |
| Body |
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| Case Number |
Criminal Jail Application No. D-230 of 2006 |
| Decision Date |
Sep 12, 2013 |
| Hearing Date |
|
| Decision |
The Sindh High Court set aside the conviction and sentence imposed by the Trial Court on the appellant in Special Case No.191 of 2003, under section 9(b) of the Control of Narcotic Substances Act, 1997. The court found that the Trial Court failed to adequately consider the evidence presented during the cross-examination of prosecution witnesses. Major contradictions were identified regarding the quantity of seized narcotics and the circumstances surrounding the appellant's arrest. The extraordinary delay in sending the sample to the Chemical Examiner, alongside unconvincing testimony regarding the appellant's escape, led to the conclusion that the benefit of doubt must be extended to the appellant. Consequently, the appellant was acquitted of the charges. |
| Summary |
In the case at hand, the Sindh High Court addressed the appeal of the appellant against his conviction under the Control of Narcotics Substances Act, 1997. The court scrutinized the evidence, highlighting significant contradictions and procedural delays that undermined the prosecution's case. The decision emphasized the legal principle that a single infirmity in the prosecution's case can create reasonable doubt, warranting the acquittal of the accused. This case underscores the importance of rigorous evidence evaluation in narcotics-related prosecutions, reflecting the judicial commitment to upholding justice and ensuring fair trials. The ruling serves as a critical reference for similar cases involving narcotics and the legal standards required for prosecution in such matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH,
SHAUKAT ALI MEMON
|
| Lawyers |
Nandan A. Kella for Appellant,
Syed Meeral Shah, D.P.G. for the State
|
| Petitioners |
HABIB
|
| Respondents |
THE STATE
|
| Citations |
2014 SLD 923,
2014 PLJ 1067
|
| Other Citations |
Muhammad Aslam's case 2011 SCMR 820
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(b)
|