| Case ID |
1afe9097-9165-46c1-9f6a-76697f25c633 |
| Body |
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| Case Number |
Criminal Appeal No.40 of 2000/BWP |
| Decision Date |
Nov 06, 2000 |
| Hearing Date |
Nov 06, 2000 |
| Decision |
The Lahore High Court upheld the conviction and sentence of the accused under section 9 B of the Control of Narcotic Substances Act, 1997, sentencing him to 7 years of imprisonment and a fine of Rs. 50,000, or in default thereof, to further undergo rigorous imprisonment for one year. The evidence presented by the prosecution, including the testimony of the complainant and corroborating witnesses, established the guilt of the accused beyond reasonable doubt. The court found that the recovery of heroin from the appellant was substantiated by the complainant's statement and supported by the Chemical Examiner's report. The defense's arguments regarding the credibility of the evidence and procedural discrepancies were dismissed, leading to the conclusion that the prosecution had met its burden of proof. |
| Summary |
In the case of TASUWWAR HUSSAIN vs THE STATE, the Lahore High Court dealt with the appeal of the accused convicted under the Control of Narcotic Substances Act, 1997, specifically section 9-B concerning the illegal possession of narcotics. The court meticulously analyzed the evidence, including the testimony from the raiding police party and the report from the Chemical Examiner, which confirmed that the substance recovered was indeed heroin weighing one kilogram. Despite the defense's claims of false implication and procedural errors, the court determined that the prosecution's evidence was credible and corroborated. The judges emphasized the importance of reliable testimony in narcotics cases, which often hinge on the integrity of the evidence presented. The court's decision to uphold the lower court's ruling serves as a precedent in narcotics-related offenses, highlighting the rigorous standards required for proving possession and the application of the law. This case reiterates the judiciary's stance on drug-related crimes in Pakistan, where strict adherence to the law is paramount. Keywords: Narcotics, Lahore High Court, heroin possession, Control of Narcotic Substances Act, legal precedent, drug offenses. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHEIKH ABDUR RAZZAQ,
NAZIR AHMAD SIDDIQUI
|
| Lawyers |
Rana Sardar Ahmad,
Atta Muhammad Baloch
|
| Petitioners |
TASUWWAR HUSSAIN
|
| Respondents |
THE STATE
|
| Citations |
2001 SLD 1023,
2001 SCMR 879
|
| Other Citations |
Khalid Sultan v. The State 1985 PCr.LJ 241,
Abdul Rashid v. State 1998 PCr.LJ 451
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9-B,
34,
35
|