| Case ID |
2cadec27-43f6-4471-b341-f798a098e816 |
| Body |
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| Case Number |
Crl. A. No. 9 of 2003 |
| Decision Date |
Aug 10, 2004 |
| Hearing Date |
Aug 10, 2004 |
| Decision |
The appeal was accepted due to insufficient evidence concerning the nature of the recovered substance. The court found that the prosecution failed to prove that the 288 rods recovered were indeed charas, as there was no record indicating that samples were taken from each rod. Given the stringent requirements of the Control of Narcotics Substances Act, 1997, the court ruled that the case against the appellant had become doubtful, leading to the conclusion that the conviction and sentence could not be sustained. Consequently, the appellant's conviction was overturned, and he was directed to be set at liberty unless required in any other case. |
| Summary |
The case revolves around the appeal of Muhammad Hashim against his conviction under the Control of Narcotics Substances Act, 1997 for possession of 288 rods of charas. The Supreme Court of Pakistan scrutinized the evidence presented, emphasizing the need for strict adherence to procedural requirements in drug-related cases. The prosecution's failure to demonstrate that samples were taken from each rod raised significant doubts about the nature of the recovered substance. The court highlighted the legal implications of stringent sentences under narcotics laws and ultimately ruled in favor of the appellant, underscoring the importance of due process and the presumption of innocence. This case serves as a critical reference for future narcotics prosecutions, illustrating the necessity for robust evidence and compliance with legal standards to uphold convictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Iftikhar Muhammad Chaudhry,
Rana Bhagwandas,
Muhammad Nawaz Abbasi
|
| Lawyers |
Raja Abdul Ghafoor
|
| Petitioners |
Muhammad Hashim
|
| Respondents |
State
|
| Citations |
2004 SLD 3270,
2004 PLJ 883
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
9(c),
185(3)
|