| Case ID |
259e1c7a-2975-41cc-8fa1-76ad03dc5c7a |
| Body |
View case body. Login to View |
| Case Number |
Crl. A. No. 239 of 2015 |
| Decision Date |
Feb 25, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the appeal and acquitted the appellants of the charges. The court found that the prosecution failed to provide sufficient evidence to support the conviction, particularly noting that the report of the Chemical Examiner did not meet the mandatory requirements set forth in the Control of Narcotic Substances (Government Analysts) Rules, 2001. The court emphasized the necessity of precise protocols and separate analyses for each sample taken from the narcotic substances involved. As a result, the conviction and sentence imposed by the Additional Sessions Judge were overturned, and the appellants were ordered to be released if not required in any other case. |
| Summary |
In the case of Crl. A. No. 239 of 2015, the Lahore High Court reviewed the appeal against the conviction of the appellants for narcotics offenses under the Control of Narcotic Substances Act, 1997. The court examined the prosecution's evidence, which included the recovery of a significant quantity of opium from the appellants. However, the court found that the evidence presented was insufficient for a conviction, primarily due to the lack of adherence to proper testing protocols by the Chemical Examiner. The case highlights the critical importance of following legal requirements in narcotics cases, particularly regarding the evidentiary value of chemical analysis in establishing the nature and quantity of recovered substances. The decision underscores the rights of the accused and the necessity for the prosecution to meet stringent evidentiary standards in drug-related cases, ensuring justice and fairness in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Ahmed Naeem,
Justice Tariq Saleem Sheikh,
Justice Abdul Naseer Khan
|
| Lawyers |
Syed Muhammad Jaffar Tayyar Bukhari,
Mr. Ghulam Abbas Paunta,
Mr. Khalid Ibne Aziz
|
| Petitioners |
Syed Muhammad Jaffar Tayyar Bukhari
|
| Respondents |
State
|
| Citations |
2019 SLD 2306,
2019 PLJ 91
|
| Other Citations |
PLD 2012 SC 380,
2018 SCMR 2039
|
| Laws Involved |
Control of Narcotic Substances (Government Analysts) Rules, 2001,
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
R.6,
173,
340(2),
342,
382B,
9(c),
15,
48
|