| Case ID |
202b42ad-6762-4aef-b9f9-63aa85f908a6 |
| Body |
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| Case Number |
Criminal Appeal No.67 of 2000 |
| Decision Date |
Mar 29, 2001 |
| Hearing Date |
Mar 29, 2001 |
| Decision |
The appellant was convicted under section 9(b) of the Control of Narcotic Substances Act, 1997 for possession of 1,000 grams of Charas. The trial court sentenced him to seven years of rigorous imprisonment and a fine of Rs. 25,000. Upon review, the High Court found material contradictions in the prosecution's evidence, noting that all witnesses were police officials and no independent witness was presented. The prosecution case was deemed doubtful, leading to the conclusion that the appellant was entitled to the benefit of the doubt. Consequently, the conviction and sentence were set aside, and the appellant was acquitted. He was ordered to be released forthwith. |
| Summary |
This case revolves around the conviction of Hakim Ali under the Control of Narcotics Substances Act, 1997 for possessing a significant quantity of Charas. The Sindh High Court, upon reviewing the case, highlighted critical issues related to the credibility of the prosecution's evidence, all of which came from police officials without any independent corroboration. The judgment emphasized the importance of reasonable doubt in criminal cases, upholding the principle that an accused is entitled to the benefit of the doubt when the evidence is not convincing. This decision underscores the necessity for robust and independent evidence in narcotics-related prosecutions, aligning with the broader legal standards for fair trials. The ruling serves as a precedent for future cases, reinforcing the legal protections afforded to defendants under Pakistani law. Keywords: narcotics law, criminal appeal, legal precedent, evidence in court, fair trial rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Zahid Kurban Alavi,
S.A. Rabbani
|
| Lawyers |
Nisar Ahmed G. Abro,
Gul Hassan Solangi
|
| Petitioners |
Hakim Ali
|
| Respondents |
The State
|
| Citations |
2001 SLD 1256,
2001 PCRLJ 1865
|
| Other Citations |
Tarique Pervez v. The State 1995 SCMR 1345
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(b)
|