| Case ID |
1f7733e0-40e1-4a16-9862-603d31c8c879 |
| Body |
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| Case Number |
Criminal Appeal No. 12901 of 2019 |
| Decision Date |
May 09, 2019 |
| Hearing Date |
May 09, 2019 |
| Decision |
The appeal was allowed, and the conviction and sentence recorded against the appellant were set aside. The prosecution failed to establish the safe custody of the narcotics and the chain of custody was not proven. As a result, the appellant was acquitted of the charge and ordered to be released from jail if not required in any other case. |
| Summary |
In the case of Criminal Appeal No. 12901 of 2019, the Lahore High Court reviewed the conviction of an appellant charged under Section 9(c) of the Control of Narcotics Substances Act, 1997 for possession of narcotics. The court emphasized the importance of safe custody and proper transmission of samples as critical elements in narcotics cases. The prosecution's failure to prove the safe custody of the evidence led to the conclusion that the appellant's conviction could not be sustained. The case highlights key legal principles regarding the handling of narcotic evidence and the necessity for a clear chain of custody to uphold the integrity of the judicial process. The ruling serves as a crucial reference for future narcotics cases, reiterating the standards required for establishing guilt in possession charges. Keywords: narcotics case, possession of narcotics, safe custody, evidence, legal principles, chain of custody. |
| Court |
Lahore High Court
|
| Entities Involved |
The State
|
| Judges |
AALIA NEELUM,
FAROOQ HAIDER,
SHAUKAT ALI
|
| Lawyers |
Not available
|
| Petitioners |
Ali Hussain Mohsin,
Ali Aman Mohsin
|
| Respondents |
Muhammad Waqas Anwar
|
| Citations |
2019 SLD 1964,
2019 YLR 1961
|
| Other Citations |
2018 SCMR 2039,
2019 SCMR 608
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
342,
382B
|