| Case ID |
2c3b5f8f-1263-4f54-b23f-672850a1fa1b |
| Body |
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| Case Number |
Criminal Appeal No. 23-P of 2016 and Criminal Peti |
| Decision Date |
Feb 21, 2019 |
| Hearing Date |
Feb 21, 2019 |
| Decision |
The appeal was allowed, and the convictions and sentences of the appellants were set aside, leading to their acquittal. The Supreme Court noted that the prosecution failed to establish the safe custody and transmission of the narcotic substances recovered, which was crucial for proving possession. As a result, the appellants were granted the benefit of the doubt and were released unless required for other cases. The court emphasized the importance of evidence in establishing a case against an accused person. |
| Summary |
In the case involving the appellants Kamran Shah, Mohib Gul, and Muhammad Naseer, the Supreme Court of Pakistan addressed significant legal issues surrounding the Control of Narcotics Substances Act, 1997, specifically Section 9(c) regarding the conviction for possession of narcotics. The appellants were initially convicted based on the recovery of charas from a vehicle they were traveling in. However, the court found that the prosecution failed to provide adequate evidence of safe custody and transmission of the narcotic substances, which are essential elements to prove possession. The decision highlights the necessity of robust evidence in narcotics cases, reaffirming that without it, the case against the accused cannot stand. The Supreme Court ultimately acquitted the appellants, setting a precedent for future narcotics-related cases. This ruling underscores the legal principle that the burden of proof lies with the prosecution and the critical nature of procedural integrity in criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA, CHIEF JUSTICE,
SAJJAD ALI SHAH, JUSTICE,
SYED MANSOOR ALI SHAH, JUSTICE
|
| Lawyers |
Mr. Muhammad Amjad Iqbal Qureshi, ASC No. 1,
Mr. Noor Alam Khan, ASC No. 2 & 3,
Mr. Zahid Yousaf Qureshi, Additional Advocate-General, Khyber Pakhtunkhwa
|
| Petitioners |
Muhammad Naseer,
Kamran Shah,
Mohib Gul
|
| Respondents |
STATE
|
| Citations |
2019 SLD 3212,
2019 PLJ 565
|
| Other Citations |
2018 SCMR 2039
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c)
|