| Case ID |
1b15f32a-1007-4ae9-851d-4e848d283fba |
| Body |
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| Case Number |
Criminal Appeal No. D-166 of 2019 |
| Decision Date |
Nov 27, 2019 |
| Hearing Date |
Nov 27, 2019 |
| Decision |
The appeal against the conviction of Niaz Hussain was dismissed by the Sindh High Court. The court found that the prosecution had successfully established that the accused was in possession of 3040 grams of charas and that the evidence presented, including the testimony of police officials, was credible. The court clarified that the minor delay in sending the sample to the Chemical Examiner did not weaken the prosecution's case, as the relevant rules were deemed directory rather than mandatory. The conviction was upheld based on the prosecution's ability to prove the elements of the offense under the Control of Narcotics Substances Act, 1997, and the failure of the accused to discharge his burden of proof regarding the legality of the search and seizure. |
| Summary |
The Sindh High Court dealt with Criminal Appeal No. D-166 of 2019, where Niaz Hussain was convicted for possession of narcotics under the Control of Narcotics Substances Act, 1997. The case revolved around the legality of the search and the witnesses' credibility. The court emphasized that police officials are competent witnesses and their testimonies should not be dismissed solely due to their status. The prosecution successfully argued that the accused was found with a significant quantity of charas and that the evidence was adequately preserved and presented. The court also noted that procedural defects, such as the absence of private witnesses during the search, were not sufficient to vitiate the conviction. This case highlights the importance of police procedure in narcotics cases and the judiciary's reliance on police testimony in the absence of independent corroboration. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD ALI SHAH, JUSTICE,
AMJAD ALI SAHITO, JUSTICE
|
| Lawyers |
Ms. Saima Agha,
Ms. Rameshan Odh, A.P.G.
|
| Petitioners |
Niaz Hussain
|
| Respondents |
The State
|
| Citations |
2021 SLD 1440 = 2021 YLR 550
|
| Other Citations |
Agha Qais v. The State 2009 PCr.LJ 1337,
Abdul Waqar v. The State 2018 YLR 2358,
Nazeer Ahmed v. The State PLD 2009 Kar. 191,
Nazeer and another v. The State 2014 PCr.LJ 1358,
Abdul Ghani v. The State 2019 SCMR 608,
Shakeel alias Hakla v. The State 2018 MLD 1396,
Miandad v. The State 2019 YLR 954,
Muhammad Sarfraz v. The State 2017 SCMR 1874,
The State/ANF v. Muhammad Arshad 2017 SCMR 283,
Salah-ud-Din v. The State 2010 SCMR 1962
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Control of Narcotic Substances (Government Analysts) Rules, 2001,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
25,
29,
4,
103
|