| Case ID |
1f6ad67e-34f5-4b49-bd8b-71402ad8ce04 |
| Body |
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| Case Number |
Criminal Appeal No. 184 of 2020 |
| Decision Date |
Jan 06, 2021 |
| Hearing Date |
Jan 06, 2021 |
| Decision |
The Supreme Court allowed the appeal of Mst. Sakina Ramzan, acquitting her of the charge under section 9(c) of the Control of Narcotic Substances Act, 1997. The court found that the prosecution had failed to establish a safe and secure chain of custody for the narcotic samples, which compromised the reliability of the Chemical Examiner's report. Consequently, the conviction and sentence imposed by the trial court were set aside, and she was ordered to be released if not required in any other case. |
| Summary |
The Supreme Court of Pakistan ruled in favor of Mst. Sakina Ramzan, who was accused of possessing 45 kilograms of charas. The case highlighted the critical importance of maintaining an unbroken chain of custody for narcotic samples. The court found significant lapses in the prosecution's case, including the failure to produce key witnesses, which led to the conclusion that the Chemical Examiner's report could not be relied upon to support the conviction. This case emphasizes the necessity for law enforcement to handle narcotics cases with stringent adherence to procedural safeguards to ensure justice. Keywords: narcotics law, chain of custody, legal rights, criminal justice, Supreme Court ruling, Pakistan law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK, JUSTICE,
MAZHAR ALAM KHAN MIANKHEL, JUSTICE,
SYED MANSOOR ALI SHAH, JUSTICE
|
| Lawyers |
Syed Rifaqat Hussain Shah, Advocate-on-Record,
Hassan Mahmood Mandviwala, Advocate High Court,
Moulvi Ijaz-ul-Haq, DAG for the State
|
| Petitioners |
MST. SAKINA RAMZAN
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 616,
2021 SCMR 451
|
| Other Citations |
Imam Bakhsh's case 2018 SCMR 2039,
Ikramullah's case 2015 SCMR 1002
|
| Laws Involved |
Constitution of Pakistan, 1973,
Control of Narcotic Substances (Government Analysts) Rules, 2001,
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c),
4,
5,
6,
9(c)
|