| Case ID |
2b624813-6aad-41ab-a9eb-71823298e3b9 |
| Body |
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| Case Number |
Criminal Appeals Nos. 359-P, 368-P and Writ Petiti |
| Decision Date |
Mar 11, 2020 |
| Hearing Date |
|
| Decision |
The appeal was allowed by setting aside the order of acquittal. The matter was remanded back to the Trial Court with directions to re-write separate judgments for each trial in accordance with law after hearing the parties. The consolidated judgment of the trial court was deemed not a material irregularity that could vitiate the whole trial. The court emphasized that separate judgments should be written as the trials were independently held. The accused were to remain on bail, with surety bonds required. |
| Summary |
In the case presented before the Peshawar High Court, the judgment addressed the appeal against the acquittal of two accused involved in separate incidents of narcotics possession, which were consolidated into a single trial. The court highlighted the importance of adhering to legal procedures when dealing with multiple charges. It was determined that the trial court's consolidated judgment did not invalidate the proceedings, provided that separate judgments could be issued after re-evaluation of the evidence. This case underscores the significance of proper legal representation and adherence to the Criminal Procedure Code in narcotics-related offenses. Keywords such as 'narcotics possession', 'criminal appeal', 'Peshawar High Court', and 'trial court procedures' are crucial for understanding the legal context and implications of the ruling. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ ANWAR, JUSTICE
|
| Lawyers |
Tariq Kakar for Appellant,
Kifayatullah Khan Shahab Khel for Respondents
|
| Petitioners |
STATE THROUGH REGIONAL DIRECTOR ANF, PESHAWAR AND OTHERS
|
| Respondents |
JAMSHED AND OTHERS
|
| Citations |
2020 SLD 2182,
2020 YLR 1917
|
| Other Citations |
Nur Elahi v. The State PLD 1966 SC 708,
Ahmad Khan v. Commissioner Rawalpindi Division PLD 1965 (W.P.) Pesh. 65,
Muhammad Naeem v. Muhammad Ismail and another 1997 PCr.LJ 1446,
State v. Qalandar Khan PLD 1971 Pesh. 119,
Muhammad Yasin v. The State PLD 2011 Lah. 583
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
233,
235,
9(b),
9(c)
|