| Case ID |
15370a07-6006-452d-87c8-67ea4a62c27e |
| Body |
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| Case Number |
D-86 of 2007 |
| Decision Date |
Oct 13, 2008 |
| Hearing Date |
Sep 11, 2008 |
| Decision |
The High Court allowed the appeal of the appellant, Nazir Ahmed, and set aside the conviction and sentence awarded by the trial court. The court found significant procedural flaws in the investigation process, including the exclusion of independent witnesses and the involvement of the investigating officer as the complainant. The court emphasized the need for fair and unbiased investigations, noting that an officer cannot be both a complainant and the investigating officer. The absence of credible evidence from the prosecution and the benefit of doubt granted to the accused led to the decision to acquit him. |
| Summary |
In the case of Nazir Ahmed vs. The State, the Sindh High Court addressed significant issues regarding the enforcement of the Control of Narcotic Substances Act, 1997, particularly concerning the procedural integrity of criminal investigations. The court scrutinized the actions of the investigating officer and highlighted the importance of including independent witnesses in narcotics cases to uphold justice and public trust in law enforcement. The decision underscored the principle that the burden of proof lies with the prosecution, reinforcing the presumption of innocence until proven guilty. This landmark ruling serves as a critical reference for future narcotics-related cases, emphasizing the need for transparency and fairness in police investigations. Keywords related to criminal law, narcotics, and judicial integrity are essential for those researching this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI SAIN DINO METLO,
KHAWAJA NAVEED AHMED
|
| Lawyers |
Abdul Qadir Halepota
|
| Petitioners |
NAZEER AHMED
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 2200,
2009 PLD 191
|
| Other Citations |
Ali Hassan v. The State PLD 2001 Kar. 369,
Pir Bux v. The State 2007 MLD 1696,
The State v. Bashir and others PLD 1997 SC 408
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Criminal Procedure Code, 1898
|
| Sections |
9(c),
25,
103,
161
|