| Case ID |
1ae2e811-cb6e-4f12-9c83-02968bd219fe |
| Body |
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| Case Number |
Criminal Appeals Nos.44/SAC/Land 45/SAC/L of 1992 |
| Decision Date |
Jul 06, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Appellate Court upheld the conviction and sentence of the appellants, Amjad and Muhammad Latif, under section 27(1)(a) of the Drugs Act, 1976. The court found that the Drug Inspector acted within legal bounds and that the prosecution's evidence was credible. The court also acknowledged that the trial court had failed to extend the benefit of section 382-B of the Criminal Procedure Code to the accused. Thus, while dismissing the appeals against conviction and sentence, the court allowed the benefit of section 382-B, acknowledging the period of confinement already served by the appellants. |
| Summary |
This case revolves around the conviction of two individuals, Amjad and Muhammad Latif, under the Drugs Act for the manufacture of spurious drugs. The Drug Inspector conducted a raid based on credible information and apprehended the accused. Despite claims of innocence and procedural defects raised by the defense, the court upheld the original ruling, emphasizing the credibility of prosecution witnesses who were responsible government officers. The decision highlights the importance of adhering to legal protocols in drug-related offenses and the judiciary's role in ensuring justice while recognizing procedural oversights such as the denial of benefits under section 382-B of the Criminal Procedure Code. This case serves as a significant reference point for future drug-related prosecutions in Pakistan. |
| Court |
Supreme Appellate Court, Pakistan
|
| Entities Involved |
Drug Inspector Rizwan Ashraf,
Makhan Khan Inspector C.I.A.,
Haji Abdul Hameed
|
| Judges |
JUSTICE SHAFIUR RAHMAN,
JUSTICE RAJA AFRASIAB KHAN,
JUSTICE ABDUL MAJID TIWANA
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Latif,
AMJAD
|
| Respondents |
THE STATE
|
| Citations |
1992 SLD 799,
1992 SCMR 2072
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Drugs Act (XXXI of 1976)
|
| Sections |
103,
382-B,
27(1)(a),
27(2)(a)
|