| Case ID |
2d078952-f449-487c-ba66-abb1abc08e06 |
| Body |
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| Case Number |
Criminal Appeal No.46/P of 2001 |
| Decision Date |
May 30, 2002 |
| Hearing Date |
May 30, 2002 |
| Decision |
The appeal was accepted by the Federal Shariat Court, which set aside the acquittal of the respondent, Hazaratullah, by the trial court. The court found that the trial court had erred by acquitting the accused based on the evidence presented. The High Court noted that while the accused did possess documentation supporting his claim that he was merely transporting the goods, the prosecution's failure to trace the actual source of the contraband goods was a significant oversight. The court mandated that the prosecution agency trace the real culprit and investigate the goods forwarding agency's role in the case. In essence, the ruling emphasized that mere possession of contraband goods could lead to conviction unless the accused could sufficiently demonstrate the legitimacy of their possession. |
| Summary |
This case revolves around a criminal appeal concerning the possession of contraband goods, specifically tincture bottles, which were recovered from a truck driven by Hazaratullah. The Federal Shariat Court reviewed the trial court's acquittal of the accused, emphasizing the need for thorough investigation into the source of the goods. The court highlighted significant procedural shortcomings in the prosecution's case, particularly the failure to identify the actual owner of the goods. The ruling underscores the importance of accountability in drug trafficking cases, where mere claims of innocence by transporters may not suffice. The judgment reinforces legal precedents regarding the burden of proof in contraband possession cases, illustrating the challenges faced by law enforcement in establishing a clear chain of custody and accountability. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
FAZAL ILAHI KHAN, C.J.,
DR. FIDA MUHAMMAD KHAN, J
|
| Lawyers |
Malik Ahmad Jan, Dy. A.-G. for the State,
Pir Bakhsh Mehtab for Respondent
|
| Petitioners |
STATE through Advocate General, N. W.F.P., Peshawar
|
| Respondents |
HAZARATULLAH
|
| Citations |
2002 SLD 1037,
2002 PCRLJ 1911
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Prohibition (Enforcement of Hadd) Order, 1979
|
| Sections |
417,
3/4
|