| Case ID |
23047bf7-db58-4e1f-aa9f-8a828b022468 |
| Body |
View case body. Login to View |
| Case Number |
Crl. A. No. 947 of 2010 and Crl. A. No. 135-J of 2 |
| Decision Date |
Oct 27, 2015 |
| Hearing Date |
Oct 27, 2015 |
| Decision |
The Lahore High Court acquitted the appellants Saeeda Gull, Haji Gull, and Muhammad Sher of the charges under Section 9(c) of the Control of Narcotic Substances Act, 1997. The prosecution was unable to prove safe custody of the recovered narcotics and the evidence presented was found to be inconsistent and contradictory. The trial court's conviction was set aside, and the appeals were accepted. |
| Summary |
In the case of Saeeda Gull and others vs. The STATE, the Lahore High Court reviewed the convictions made under the Control of Narcotic Substances Act, 1997. The charges stemmed from the alleged recovery of 20 kilograms of Charas from the appellants. However, the prosecution failed to establish safe custody of the narcotics. The court highlighted several inconsistencies in the testimonies of police witnesses regarding the recovery process. The lack of corroborating evidence regarding the handling of the seized substances and the timeline of events raised significant doubts about the credibility of the prosecution's case. In light of these findings, the court concluded that the conviction could not be upheld, leading to the acquittal of all accused. This case underscores the importance of procedural integrity and the burden of proof on the prosecution in drug-related offenses. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AALIA NEELUM,
SARDAR MUHAMMAD SARFRAZ DOGAR
|
| Lawyers |
Mian Abdul Waheed,
Shahid Ali Shakir,
Muhammad Akhlaq
|
| Petitioners |
Muhammad Sher,
Saeeda Gull,
Haji Gull
|
| Respondents |
The STATE
|
| Citations |
2016 SLD 3718,
2016 YLR 1205
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotic Substances Act, 1997
|
| Sections |
9(c)
|