| Case ID |
2d1ba0fb-d9cc-48bc-abbe-a5136ca5995a |
| Body |
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| Case Number |
Criminal Appeal No. 116 of 2003 |
| Decision Date |
Mar 18, 2004 |
| Hearing Date |
|
| Decision |
The appellant's conviction and sentence were upheld by the court. The prosecution successfully established that 20 grams of heroin were recovered from the appellant's possession. The Investigating Officer's evidence was corroborated, and the appellant's claims of false involvement were deemed as an afterthought. The court found no discrepancies in the prosecution's case, and the burden of proof shifted to the appellant, who failed to substantiate his claims. Consequently, the conviction and sentence by the trial court were maintained. |
| Summary |
In the case of SHAKEEL ABBAS vs THE STATE, the Peshawar High Court reviewed an appeal against a conviction under the Prohibition (Enforcement of Hadd) Order, 1979. The appellant, Shakeel Abbas, was found guilty of possession of heroin, with 20 grams recovered during a police search. The court emphasized the prosecution's burden to establish guilt beyond reasonable doubt, which was met by credible evidence. The investigation was deemed thorough, and the appellant's defense was considered weak, lacking corroborative evidence. The judgment highlighted the importance of credible information leading to arrests and the integrity of the evidence provided. The ruling reinforced the legal principles surrounding drug offenses, the rights of the accused, and the judicial process in criminal trials. Key legal terms include conviction, heroin possession, and appellate review, which are critical in understanding drug-related legal proceedings. The decision serves as a precedent in drug enforcement cases, emphasizing the need for robust evidence and the fair application of law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN, J
|
| Lawyers |
Ghulam Hur Khan,
Muhammad Sharif Chaudhry
|
| Petitioners |
SHAKEEL ABBAS
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2626,
2004 PLD 84
|
| Other Citations |
Mushtaq v. The State 2002 PCr.LJ 1312
|
| Laws Involved |
Prohibition (Enforcement of Hadd) Order
|
| Sections |
3,
4
|