| Case ID |
216b22ba-62cd-4d6a-86b1-222fab77d564 |
| Body |
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| Case Number |
Criminal Appeals Nos. 1303, 2096 of 2019 and Capit |
| Decision Date |
May 03, 2023 |
| Hearing Date |
May 03, 2023 |
| Decision |
The Lahore High Court allowed the appeal against the conviction of Shahadat Ali, acquitting him of all charges under section 9(c) of the Control of Narcotic Substances Act, 1997. The Court found that the prosecution failed to establish safe custody and proper transmission of sample parcels for analysis, which is crucial for sustaining a conviction. The Court highlighted the importance of an unbroken chain of custody and adherence to established protocols in drug-related cases. The decision also dismissed the appeal by the Anti-Narcotics Force regarding the confiscation of the vehicle used in the crime, stating that the owner had no knowledge of the narcotics being transported. Thus, the death sentence awarded to Shahadat Ali was not confirmed. |
| Summary |
The case revolves around the appeal of Shahadat Ali against his conviction under the Control of Narcotics Substances Act, 1997, where he was sentenced to death in 2018. The Lahore High Court examined the evidence presented, particularly focusing on the chain of custody related to the narcotics seized. The prosecution's failure to demonstrate proper handling and transmission of the narcotics samples to the testing laboratory led to doubts about the reliability of the evidence. The Court emphasized the necessity for strict adherence to legal protocols in drug possession cases, which are critical in ensuring justice and upholding the law. The decision illustrates the judicial system's commitment to protecting the rights of individuals while maintaining the integrity of the legal process. The ruling serves as a reminder of the stringent standards required in narcotics cases, reinforcing the principle that any reasonable doubt must be resolved in favor of the accused. This case highlights key issues in narcotics law enforcement and the judicial review process, making it a significant reference point for future cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sarfraz Dogar,
Ali Zia Bajwa
|
| Lawyers |
Khalid Masood Sandhu,
Muhammad Irfan Malik, Special Prosecutor for ANF for the State
|
| Petitioners |
SHAHADAT ALI and others
|
| Respondents |
The STATE and others
|
| Citations |
2024 SLD 2803 = 2024 PCRLJ 385
|
| Other Citations |
The State through Regional Director ANF v. Imam Bakhsh 2018 SCMR 2039,
Khair-Ul-Bashar v. The State 2019 SCMR 930,
Muhammad Hashim v. The State PLD 2004 SC 856,
Ameer Zeb v. The State PLD 2012 SC 380,
Allah Ditta v. The State 2010 SCMR 1181,
Muhammad Hanif v. The State and others 2011 SCMR 1471
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c),
32,
36
|