| Case ID |
1f801cde-6223-4d61-bc06-721a399ba662 |
| Body |
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| Case Number |
Criminal Appeal No. 965 of 2018 |
| Decision Date |
Oct 26, 2020 |
| Hearing Date |
Oct 26, 2020 |
| Decision |
The appeal against the conviction of Asif Khan was allowed by the Lahore High Court, setting aside the previous judgment of the Additional Sessions Judge, Taxila. The court found significant inconsistencies in the prosecution's evidence, particularly concerning the recovery of the narcotics. It was determined that the prosecution failed to prove beyond a reasonable doubt that the evidence presented was the same as that seized from the appellant. The report from the Chemical Examiner was deemed vague and lacked necessary protocols, which further weakened the prosecution's case. Consequently, the court granted the benefit of the doubt to the appellant, acquitting him of the charges and ordering his immediate release. |
| Summary |
In the case of Criminal Appeal No. 965 of 2018, the Lahore High Court evaluated the conviction of Asif Khan under the Control of Narcotics Substances Act, 1997. The appellant was initially sentenced to sixteen years of rigorous imprisonment for allegedly possessing 40 kilograms of charas. During the appeal, the court scrutinized the evidence presented by the prosecution, noting significant discrepancies regarding the quantity and packaging of the seized narcotics. The testimonies of key witnesses were inconsistent, and the Chemical Examiner's report was criticized for lacking clarity on the testing procedures used. Ultimately, the High Court ruled in favor of the appellant, emphasizing the importance of stringent proof in drug-related cases and the necessity of extending the benefit of the doubt in such circumstances. This case underscores the critical nature of evidentiary integrity in criminal proceedings, particularly in narcotics cases where severe penalties are imposed. Keywords: narcotics law, criminal appeal, evidence integrity, Lahore High Court, Control of Narcotic Substances Act. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
RAJA SHAHID MEHMOOD ABBASI,
SADIQ MAHMUD KHURRAM
|
| Lawyers |
Barrister Osama Ameen Qazi
|
| Petitioners |
Asif Khan
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2021 SLD 1299,
2021 ITR 1192
|
| Other Citations |
The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039,
KhairulBashar v. The State 2019 SCMR 930,
Muhammad Hashim v. The State PLD 2004 SC 856,
Ameer Zeb v. The State PLD 2012 SC 380
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Control of Narcotic Substances (Government Analysts) Rules, 2001
|
| Sections |
9(c),
36,
5,
6
|