| Case ID |
1f1721a3-8824-4342-be26-7b1a0a5d00d0 |
| Body |
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| Case Number |
Criminal Appeal No. 39 of 2014 |
| Decision Date |
Jul 30, 2020 |
| Hearing Date |
Jul 09, 2020 |
| Decision |
The High Court acquitted the appellant, Nizabat Mehmood, from the charge under the Control of Narcotics Substances Act, 1997, due to insufficient evidence and discrepancies in witness testimonies. The prosecution failed to establish the safe custody and transmission of the recovered contraband. The judgment of the trial court was set aside, highlighting that the prosecution did not meet the burden of proof required in criminal cases, thus allowing the appeal. |
| Summary |
In the case of Nizabat Mehmood vs. The State, the Islamabad High Court reviewed the conviction of the appellant under the Control of Narcotics Substances Act, 1997. The appeal was based on claims of false involvement by the police, contradictions in witness statements, and lack of evidence regarding the safe transmission of recovered narcotics. The case emphasized the importance of corroborative evidence in narcotics cases, where the prosecution must prove beyond a reasonable doubt that the recovered substances were lawfully obtained and securely handled throughout the process. The court found that discrepancies in testimonies and the absence of crucial witnesses rendered the prosecution's case doubtful. As a result, the court set aside the conviction, acquitting the appellant. This case underlines key legal principles regarding the burden of proof and the standard of evidence required in narcotics-related offenses. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM AZAM QAMBRANI, JUSTICE
|
| Lawyers |
Raja Rizwan Abbasi,
Zohaib Hassan Gondal,
Asif Riaz,
Jamshad Khan
|
| Petitioners |
Nizabat Mehmood
|
| Respondents |
THE STATE THROUGH S.I., POLICE STATION, BARA KAHU, ISLAMABAD
|
| Citations |
2021 SLD 319,
2021 YLR 27
|
| Other Citations |
Minhaj Khan v. The State 2019 SCMR 326,
Ameer Zeb v. The State PLD 2012 SC 380,
Haji Nawaz v. State 2020 SCMR 687,
State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039,
Ikramullah and others v. The State 2015 SCMR 1002,
Amjad Ali v. The State 2012 SCMR 577,
Siraj-ud-Din v. The State (Criminal Appeal No.579 of 2017)
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(b)
|