| Case ID |
2298aa55-fd18-4b0f-b122-973d3aefe55a |
| Body |
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| Case Number |
Crl. A. No. 247268 of 2018 |
| Decision Date |
Dec 05, 2019 |
| Hearing Date |
Dec 05, 2019 |
| Decision |
The appeal was allowed on the grounds that the prosecution failed to prove its case beyond a reasonable doubt. The court highlighted significant discrepancies in the prosecution's handling of the evidence, particularly regarding the safe custody and timely dispatch of the seized narcotics to the Punjab Forensic Science Agency. The judgment emphasized that the burden of proof lies with the prosecution, and any reasonable doubt should benefit the accused. As the prosecution could not establish the chain of custody or provide justifiable reasons for the delays, the conviction was overturned, and the appellant was acquitted. |
| Summary |
In the case of Adnan Shah vs. State, the Lahore High Court dealt with an appeal concerning a conviction under the Control of Narcotic Substances Act, 1997. The appellant was convicted for possession of charas, but upon review, the court found substantial flaws in the prosecution's case. Key issues included the failure to prove the safe custody of the seized narcotics, delays in sending samples for analysis, and inconsistencies in witness testimonies. The judgment highlighted the principle that the benefit of the doubt must always be extended to the accused. This case underscores the importance of proper procedure in drug-related offenses and the necessity for the prosecution to meet its burden of proof. The ruling serves as a critical reference for similar cases where procedural lapses can lead to wrongful convictions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MISS AALIA NEELUM,
SARDAR MUHAMMAD SARFRAZ DOGAR
|
| Lawyers |
Lala Shakeel-ur-Rehman,
Mr. Waqas Anwar
|
| Petitioners |
ADNAN SHAH
|
| Respondents |
ANOTHER,
STATE
|
| Citations |
2021 SLD 506,
2021 PLJ 76
|
| Other Citations |
2009 SCMR 230,
2015 SCMR 1002,
2014 SCMR 749
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c)
|