| Case ID |
1bab67f4-268a-4b64-9c2d-23a178bad683 |
| Body |
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| Case Number |
Criminal Petition No. 496 along with Jail Petition |
| Decision Date |
Mar 08, 2022 |
| Hearing Date |
Mar 08, 2022 |
| Decision |
The petitioners, Muhammad Shoaib and Arshad Mehmood, faced trial under the Control of Narcotic Substances Act, 1997. After their conviction for possession and transportation of narcotics, they appealed to the Supreme Court following the dismissal of their earlier appeal by the Peshawar High Court. The Supreme Court found that the prosecution had failed to establish safe custody and transmission of the narcotics evidence. Key witnesses were not produced, creating serious doubts about the integrity of the prosecution's case. Consequently, the Supreme Court set aside the lower court's judgment, acquitting the petitioners while extending the benefit of doubt to them. They were ordered to be released from jail unless required in connection with another case. |
| Summary |
In the case of Muhammad Shoaib and Arshad Mehmood vs. The State, the Supreme Court of Pakistan examined the appeal against their conviction under the Control of Narcotics Substances Act, 1997. The case revolved around serious procedural flaws in the prosecution's handling of evidence, particularly the safe custody of narcotics samples. The court highlighted the absence of crucial witnesses and the failure to adequately demonstrate the chain of custody for the evidence presented. As a result, the court determined that the prosecution had not met the burden of proof required to sustain a conviction. This ruling underscores the importance of procedural integrity in criminal cases, particularly in narcotics offenses, where the stakes are high, and the implications of conviction can be severe. The decision reinforces the principle that the prosecution must establish its case beyond a reasonable doubt, and any gaps in evidence can lead to acquittal. This case is a significant reference point for future narcotics-related trials, emphasizing the need for meticulous evidence handling and witness availability. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood, Justice,
Qazi Muhammad Amin Ahmed, Justice,
Amin-ud-Din Khan, Justice
|
| Lawyers |
Ahsan Hameed Lilla, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record,
Arshad Hussain Yousafzai, Advocate Supreme Court,
Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa
|
| Petitioners |
Arshad Mehmood,
Muhammad Shoaib
|
| Respondents |
The State
|
| Citations |
2022 SLD 1035,
2022 SCMR 1006
|
| Other Citations |
Khair-ul-Bashar v. The State 2019 SCMR 930,
The State through Regional Director ANF v. Imran Bakhsh and others 2018 SCMR 2039,
Taimoor Khan and another v. The State and another 2016 SCMR 621,
Ikramullah and others v. The State 2015 SCMR 1002,
Amjad Ali v. The State 2012 SCMR 577
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c)
|