| Case ID |
14bd8e15-9214-4a1e-aeef-cb915a69fed9 |
| Body |
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| Case Number |
Criminal Appeal No. 2(s) of 2001 |
| Decision Date |
Dec 11, 2003 |
| Hearing Date |
Dec 11, 2003 |
| Decision |
The appeal filed by Sarfraz Gul against the judgment of the Federal Shariat Court was dismissed. The Supreme Court upheld the conviction under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, where the appellant was sentenced to rigorous imprisonment for five years and a fine of Rs. 10,000. The court found that the search conducted did not violate Section 103 of the Criminal Procedure Code, as the legal aspects of the case were thoroughly evaluated. The testimonies of the police officers supporting the recovery were deemed credible and corroborated by other evidence. The court clarified that minor lapses on the part of the police did not prejudice the appellant's case, and the prosecution successfully established the appellant's guilt beyond a reasonable doubt. |
| Summary |
This case revolves around the appeal of Sarfraz Gul against a conviction under the Prohibition (Enforcement of Hadd) Order, 1979, specifically addressing the legalities surrounding the search and seizure of incriminating materials. The Supreme Court of Pakistan, in its decision dated December 11, 2003, analyzed the compliance with procedural laws, particularly Section 103 of the Criminal Procedure Code, and the admissibility of witness testimonies, including those of police officers involved in the recovery. The court emphasized the importance of corroboration in witness statements, especially when a witness is declared hostile. The decision reinforces the standards for evaluating evidence and the necessity of maintaining procedural integrity in criminal proceedings. This case highlights the ongoing discussions about the enforcement of drug laws and the judicial scrutiny required in such matters, making it relevant in contemporary legal discourse. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui,
Javed Iqbal,
Tanvir Ahmad Khan,
Dr. Allama Khalid Mahmood,
Dr. Rashid Ahmad Jullundhari
|
| Lawyers |
Mian Hissamuddin,
Ch. Muhammad Akram
|
| Petitioners |
Sarfraz Gul
|
| Respondents |
State
|
| Citations |
2004 SLD 3162,
2004 PLJ 290
|
| Other Citations |
1986 SCMR 17,
PLD 1984 SC 278,
PLD 1981 SC 635,
1986 SCMR 11,
PLD 1985 FSC 410,
PLD 1987 FSC 22,
1972 SCMR 597,
1975 SCMR 119
|
| Laws Involved |
Prohibition (Enforcement of Hadd) Order, 1979,
Criminal Procedure Code (V of 1898)
|
| Sections |
22,
103
|