| Case ID |
1e2ed499-2ac3-4b01-b053-c3c9922c0358 |
| Body |
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| Case Number |
Crl. A. No. 630 of 2019 |
| Decision Date |
Oct 28, 2020 |
| Hearing Date |
Oct 28, 2020 |
| Decision |
In this case, the appellant was acquitted due to the prosecution's failure to establish safe transmission of the narcotic substance to the office of the Chemical Examiner. The evidence presented did not sufficiently prove that the contraband was transmitted safely, leading the court to conclude that the appellant could not be held culpable for possession without credible evidence. The judgment of the lower court was set aside, and the appellant was ordered to be released. This case highlights the importance of procedural integrity in drug-related prosecutions and the necessity for the prosecution to meet the burden of proof. |
| Summary |
The Supreme Court of Pakistan ruled in favor of the appellant in Crl. A. No. 630 of 2019, where the appellant was initially convicted under the Control of Narcotics Substances Act, 1997. The case centered around the failure of the prosecution to establish the safe transmission of cannabis, leading to the acquittal of the appellant. The judgment emphasized the significance of proper evidence and procedural adherence in narcotics cases, marking a critical precedent in drug law jurisprudence. This case serves as a reminder of the legal standards required for the prosecution in narcotics offenses, reinforcing the principle that the burden of proof lies with the state. The judgment also reflects ongoing issues within the legal framework surrounding drug-related offenses in Pakistan, where the integrity of evidence plays a pivotal role in determining the outcomes of such cases. The decision was made on 28th October 2020, underscoring the need for rigorous legal representation and the importance of due process in the justice system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
M. Sharif Janjua, ASC for Appellant,
Mr. Hussain Bux, Addl. Prosecutor General Sindh for State
|
| Petitioners |
GULZAR
|
| Respondents |
STATE
|
| Citations |
2021 SLD 2226,
2021 PLJ 202
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(C)
|