| Case ID |
2becdeb6-6f1d-4a6d-98b8-7e0ef23dc89f |
| Body |
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| Case Number |
Criminal Appeal No. (s) 49 of 2019 |
| Decision Date |
Oct 31, 2019 |
| Hearing Date |
Oct 25, 2019 |
| Decision |
The Balochistan High Court allowed the appeal filed by Muhammad Wali against the conviction under section 9(c) of the Control of Narcotic Substances Act, 1997. The court found that the prosecution failed to prove the prompt registration of the FIR and the safe custody and transmission of the narcotics sample to the Government Analyst. The court emphasized the unexplained delays in both the FIR registration and the sample analysis, which undermined the prosecution's case. Consequently, the court set aside the conviction and sentence imposed by the trial court, acquitting the appellant. Muhammad Wali was ordered to be released forthwith unless required in any other case. |
| Summary |
In the case of Muhammad Wali vs. The State, the Balochistan High Court addressed serious concerns regarding the prosecution's handling of evidence under the Control of Narcotic Substances Act, 1997. The appellant, Muhammad Wali, was convicted for possession of 10 kilograms of charas, but the court identified significant procedural failures, including a six-hour delay in FIR registration and an eleven-day delay in sending the sample for forensic analysis. These delays raised doubts about the integrity of the evidence and the credibility of the prosecution's case. The court highlighted that under Rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001, the analysis should occur within 72 hours of seizure. The court's decision to acquit Wali underscores the importance of timely and proper procedural adherence in narcotics cases, ensuring that defendants are afforded fair trials. This case serves as a critical reminder of the standards required in drug-related prosecutions and the potential for wrongful convictions when such standards are not met. Keywords: Balochistan High Court, Control of Narcotic Substances Act, delay in FIR registration, acquittal, narcotics case. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASHAM KHAN KAKAR,
JUSTICE ROZI KHAN BARRECH
|
| Lawyers |
Ali Hassan Bugti for Appellant,
Jamil Akhtar Gajani, Additional Prosecutor General for the State
|
| Petitioners |
MUHAMMAD WALI
|
| Respondents |
THE STATE
|
| Citations |
2020 SLD 1621,
2020 1442
|
| Other Citations |
Muhammad Aslam v. The State 2011 SCMR 820,
Shamsullah v. The State 2013 MLD 1527,
Mst. Razia Sultana and others v. The State 2019 SCMR 1300
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Control of Narcotic Substances (Government Analysts) Rules, 2001
|
| Sections |
9(c),
4
|