| Case ID |
1f2ec768-960d-4274-8eb5-3d7a5a96207a |
| Body |
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| Case Number |
Cr. A. No. 19-D of 2016 |
| Decision Date |
Jun 15, 2016 |
| Hearing Date |
May 24, 2016 |
| Decision |
The Peshawar High Court dismissed the appeal against the conviction of Muhammad Noman, who was originally sentenced to twelve years for possession of five kilograms of charas garda. The court found that the prosecution had sufficiently proved the case. However, considering the accused's young age of 19 years at the time of the offense, the court reduced the sentence to six years. The decision emphasized that Section 21 of the Control of Narcotic Substances Act was directory, and non-compliance did not significantly prejudice the accused's case. The court upheld the integrity of police witnesses, noting that unless personal enmity was evident, their testimonies were credible. |
| Summary |
In the case of Muhammad Noman vs. The State, the Peshawar High Court addressed crucial aspects of the Control of Narcotic Substances Act and the Criminal Procedure Code. The appellant, Muhammad Noman, was convicted for possessing five kilograms of charas garda, with the evidence supported by both police and recovery witnesses. The court highlighted that the Assistant Sub-Inspector's role in registering the case did not violate the Act's provisions, as the Sub-Inspector had initially apprehended the accused. The court ultimately reduced Noman's sentence from twelve years to six years due to his young age, indicating a balanced approach to justice that considers both legal infractions and the circumstances of the accused. This case reinforces the importance of credible witness testimony in narcotics cases and clarifies procedural compliance under the relevant laws. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Ghazanfar Khan,
Haider Ali Khan
|
| Lawyers |
Haji Muhammad Shakeel,
Hashmatur Rahman
|
| Petitioners |
Muhammad Noman
|
| Respondents |
The State
|
| Citations |
2017 SLD 517,
2017 PCRLJ 335
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotic Substances Act (XXV of 1997),
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
21,
22,
537,
103
|