| Case ID |
151d0c20-bcfe-4a07-b3ea-c821f630f5a8 |
| Body |
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| Case Number |
Criminal Appeal No. 273 of 2021 |
| Decision Date |
Oct 14, 2022 |
| Hearing Date |
Aug 24, 2022 |
| Decision |
The appeal brought by Syed Hidayatullah was allowed, resulting in his acquittal. The court found significant contradictions in the prosecution's case, particularly regarding the handling and analysis of the narcotics involved. The prosecution failed to establish safe custody and proper transmission of the recovered charas, leading to the conclusion that the case was not proven beyond a reasonable doubt. The impugned judgment by the trial court was set aside, and the appellant was acquitted of the charges against him. The court emphasized the principle that it is better to err in acquitting the guilty than to convict the innocent. |
| Summary |
In the case of Syed Hidayatullah versus The State, the Balochistan High Court addressed the appeal against a conviction under the Control of Narcotic Substances Act, 1997. The appellant was initially sentenced to life imprisonment for possession of 15 kg of charas. However, the appellate court found numerous procedural flaws in the prosecution's case, including contradictions in witness statements and failure to follow proper protocols for handling narcotic evidence. The court highlighted the importance of the benefit of doubt in criminal proceedings, ultimately ruling in favor of the appellant due to insufficient evidence. This case underscores critical issues in narcotics law enforcement and highlights the necessity of adhering to established legal protocols to ensure justice. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Kamran Khan Mulakhail,
Shaukat Ali Rakhshani
|
| Lawyers |
Khalil Ahmed Panezai,
Yahya Baloch
|
| Petitioners |
Syed Hidayatullah
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 863,
2023 MLD 285
|
| Other Citations |
Imam Bakhsh v. The State 2018 SCMR 2039,
Zubair Khan v. The State 2021 SCMR 492,
Khair-ul-Bashir v. The State 2019 SCMR 390
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Control of Narcotic Substances (Government Analysts) Rules, 2001
|
| Sections |
9(c),
5,
6
|