| Case ID |
22de1a22-96f5-4642-a886-5d48753c3dfe |
| Body |
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| Case Number |
Crl. A. No. 31-J of 2015 |
| Decision Date |
May 30, 2019 |
| Hearing Date |
May 30, 2019 |
| Decision |
The court allowed the appeal filed by Mst. Shama Touqeer, set aside the conviction and sentence imposed by the trial court, and acquitted her of the charges. The prosecution failed to establish the case against her beyond a reasonable doubt, particularly due to the deficiencies in the evidence presented, including the lack of proper forensic analysis and the inconsistencies in witness testimonies. The ruling emphasized the prosecution's duty to prove its case and the principle of benefit of doubt in favor of the accused. |
| Summary |
In the case of MST. SHAMA TOUQEER vs. STATE, the Lahore High Court addressed significant issues regarding the burden of proof in narcotics cases. The court emphasized that the prosecution must provide clear and convincing evidence to support charges under the Control of Narcotics Substances Act, 1997. The appeal arose from a conviction based on the alleged recovery of narcotics from the appellant. However, the court found that the forensic report presented by the Punjab Forensic Science Agency did not comply with the mandatory requirements of Rule 6, which undermined the reliability of the evidence. Additionally, inconsistencies among the testimonies of prosecution witnesses raised serious doubts about the credibility of the case against the appellant. The court ultimately ruled in favor of the appellant, reinforcing the principle that any reasonable doubt must benefit the accused. This case is pivotal for legal practitioners, highlighting the importance of robust evidence in criminal prosecutions and the critical role of forensic analysis in narcotics cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MISS AALIA NEELUM,
SYED SHAHBAZ ALI RIZVI
|
| Lawyers |
Syed Muhammad Afzal Wasti,
Mr. Waqas Anwar
|
| Petitioners |
MST. SHAMA TOUQEER
|
| Respondents |
STATE
|
| Citations |
2021 SLD 2881,
2021 PLJ 360
|
| Other Citations |
2018 SCMR 2039,
PLD 2002 SC 1048
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c)
|