| Case ID |
2c310bb2-21f8-49eb-a1eb-7fec11a46aec |
| Body |
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| Case Number |
Crl. A. No. 814 of 2019 |
| Decision Date |
Feb 18, 2021 |
| Hearing Date |
Feb 18, 2021 |
| Decision |
The Lahore High Court modified the conviction of the appellant, RABDUL GHAFOOR, from Section 9(c) to 9(a) of the Control of Narcotics Substances Act due to insufficient evidence regarding the safe custody and transmission of the narcotics. The court concluded that the prosecution had only proven the safe custody and due transmission of the sample parcel but failed to establish the chain of custody for the remaining substance. Consequently, the appellant’s sentence was reduced to eleven months of simple imprisonment with a fine of Rs. 4,000, while still granting the benefit of Section 382-B of the Cr.P.C. |
| Summary |
In the case of Crl. A. No. 814 of 2019, the Lahore High Court examined the appeal concerning the conviction of RABDUL GHAFOOR under the Control of Narcotics Substances Act, 1997. The case revolved around the recovery of 1550 grams of opium, with the prosecution's evidence focusing on the actions of police officials during the arrest and seizure. The court highlighted the importance of establishing a clear chain of custody for the evidence, emphasizing that credible information does not necessitate formalities such as written documentation. The ruling underscored the legal principles regarding police authority in narcotics cases, ultimately leading to a modification of the appellant's conviction based on insufficient evidence. The case illustrates critical aspects of narcotics law and procedural requirements, making it a significant reference point for future cases involving similar legal questions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ SALEEM SHEIKH,
FAROOQ HAIDER
|
| Lawyers |
Mr. Munir Ahmad Shahid,
Ch. Muhammad Akbar
|
| Petitioners |
RABDUL GHAFOOR
|
| Respondents |
STATE
|
| Citations |
2021 SLD 1889,
2021 PLJ 805
|
| Other Citations |
2018 SCMR 2039,
2019 SCMR 608,
2019 SCMR 1217,
2019 SCMR 2004,
2019 SCMR 1649,
PLD 2009 Lah. 362,
PLD 2012 SC 380
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code, 1898
|
| Sections |
9-C,
54,
25,
103
|