| Case ID |
1635480c-dd42-4ae7-8bcb-47e7952970d4 |
| Body |
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| Case Number |
Criminal Appeal No. 865 of 2004 |
| Decision Date |
Sep 29, 2005 |
| Hearing Date |
Sep 29, 2005 |
| Decision |
The appeal was accepted, the impugned judgment of conviction was set aside, and the case was remanded to the Trial Court for a fresh decision. The court found that the prosecution's failure to produce material witnesses and the issues with the investigation warranted a reconsideration of the case. The decision emphasized the importance of the court's role in discovering the truth and ensuring justice is upheld, free from technicalities that may impede the legal process. The conduct of the Customs Department officials raised concerns regarding ulterior motives, leading to recommendations for accountability. |
| Summary |
The case revolves around the conviction of Maqbool and others under the Control of Narcotics Substances Act for possession of contraband Charas. The Peshawar High Court, presided over by Justices Ijaz-ul-Hassan Khan and Shahzad Akbar Khan, reviewed the prosecution's evidence, which was found lacking due to the absence of key witnesses who could corroborate the recovery of the narcotics. The judgment highlighted the necessity of a thorough investigation and the need for the court to prioritize truth over procedural technicalities. The judgment also criticized the Customs Department officials for their conduct, which suggested potential misconduct and a lack of due diligence in the investigation. This case is critical in addressing issues related to narcotics law enforcement and the judicial system's commitment to justice. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN,
SHAHZAD AKBAR KHAN
|
| Lawyers |
Mahmood Shah,
Malik Hamid Farooq
|
| Petitioners |
Maqbool
|
| Respondents |
THE STATE
|
| Citations |
2006 SLD 3793,
2006 PCRLJ 110
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
540
|