| Case ID |
15662374-7a00-45f8-9b30-976106a33b7d |
| Body |
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| Case Number |
Criminal Appeal No. 2(S) of 2001 |
| Decision Date |
Dec 11, 2003 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the prosecution established the guilt of the appellant by producing credible evidence. The court found that the recovery of heroin and opium was proven beyond a reasonable doubt and that the provisions of the law were largely adhered to, with minor lapses that did not prejudice the appellant's case. The court ruled that the evidence presented was forthright and credible, leading to the conclusion that the appellant's conviction and sentence were upheld. |
| Summary |
In the Supreme Court of Pakistan, the case of Sarfraz Gul vs. The State revolves around the application of the Prohibition (Enforcement of Hadd) Order, 1979, concerning the illegal possession of narcotics. The court examined the legality of the search conducted under section 103 of the Cr.P.C. and whether the evidence provided by police witnesses was sufficient to uphold the conviction. The judgment emphasized that the testimony of official witnesses can be credible in the absence of enmity. The decision reinforced the importance of adhering to legal procedures during searches and the evaluation of evidence presented during trials. This case highlights the legal standards for evidence in drug-related offenses and the judicial scrutiny of police procedures. The outcome reflects the court's commitment to uphold the rule of law while ensuring that minor procedural lapses do not undermine the prosecution's case, especially in sensitive cases involving drug trafficking. Keywords related to this case include 'Prohibition Order', 'Criminal Appeal', 'Narcotics Recovery', 'Evidence in Drug Cases', and 'Judicial Standards'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE NAZIM HUSSAIN SIDDIQUI,
JUSTICE JAVED IQBAL,
JUSTICE TANVIR AHMED KHAN,
JUSTICE DR. ALLAMA KHALID MAHMOOD,
JUSTICE DR. RASHID AHMED JULLUNDHARI
|
| Lawyers |
Mian Hissam-ud-Din, Advocate Supreme Court,
Ch. Muhammad Akram, Advocate Supreme Court
|
| Petitioners |
SARFRAZ GUL
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2832,
2004 PLD 334
|
| Other Citations |
Iltaf Hussain v. The State 1996 SCMR 167,
Muhammad Mansha v. The State 1997 SCMR 617,
Malik Aman v. State 1986 SCMR 17,
Muhammad Shah v. State PLD 1984 SC 278,
Muhammad v. State PLD 1981 SC 635,
Abdul Hameed v. State 1986 SCMR 11,
Abdul Hameed v. State PLD 1985 FSC 410,
Sarfraz Durrani v. State PLD 1987 FSC 22,
Zahid Khan v. Gulsher 1972 SCMR 597,
Munawar Khan v. State 1975 SCMR 119
|
| Laws Involved |
Prohibition (Enforcement of Hadd) Order (4 of 1979),
Constitution of Pakistan (1973),
Code of Criminal Procedure (Cr.P.C.)
|
| Sections |
Art. 4,
Art.203-F(2B),
S.103
|