| Case ID |
22feecdf-1866-44c3-ac2c-409118b5067f |
| Body |
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| Case Number |
Criminal Appeal No. 99099 of 2017 |
| Decision Date |
May 14, 2019 |
| Hearing Date |
May 14, 2019 |
| Decision |
The appeal was allowed, and the convictions and sentences of the appellants were set aside due to the prosecution's failure to prove safe custody of the narcotics and the lack of proper transmission of samples to the chemical examiner. The court found that the recovery process did not adhere to the legal requirements, specifically that the samples were not secured properly at the time of recovery. Consequently, the appellants were acquitted of the charges and released from jail. |
| Summary |
This case revolves around the convictions under the Control of Narcotics Substances Act, 1997, where the appellants were accused of possessing narcotics without proper legal procedures being followed during recovery. The Lahore High Court emphasized the importance of safe custody and proper transmission of narcotics samples as critical elements for a successful prosecution. The court pointed out that the prosecution failed to demonstrate that the evidence was handled according to legal requirements, leading to the appeal's success. This case highlights the legal intricacies involved in narcotics cases and the necessity of adhering to procedural laws to ensure justice. The judgment serves as a precedent for similar cases, reinforcing the need for strict compliance with legal standards in drug-related prosecutions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AALIA NEELUM,
JUSTICE FAROOQ HAIDER
|
| Lawyers |
Ch. Zahid Saeed,
Muhammad Waqas Anwar
|
| Petitioners |
Zahida Parveen Alias Gooma,
Asghar Ali Alias Sabbi
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2019 SLD 2219,
2019 PCRLJ 1491
|
| Other Citations |
The State through Regional Director ANF v. Imam Bakhsh 2018 SCMR 2039,
Abdul Ghani and others v. The State and others 2019 SCMR 608
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
382B,
516A
|