| Case ID |
2d3295bb-f75d-4c91-ba9a-b96056424fab |
| Body |
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| Case Number |
Criminal Acquittal Appeal No.199 of 2008 |
| Decision Date |
Mar 17, 2009 |
| Hearing Date |
Mar 12, 2009 |
| Decision |
The appeal against the acquittal of the accused was dismissed by the Quetta High Court. The court found that the trial court had properly assessed the evidence and reached a legal conclusion based on two main grounds. Firstly, the chemical expert's report was not part of the trial record, which is crucial for the prosecution's case. Secondly, the ownership of the house from where the narcotics were allegedly recovered was not established as belonging to the accused. The court emphasized the importance of presenting evidence in a trial, particularly the chemical report, which is essential for the accused to rebut claims made against them. The trial court's judgment was based on sound legal principles, and the High Court found no reason to interfere with the acquittal. |
| Summary |
In the case of Criminal Acquittal Appeal No.199 of 2008, the Quetta High Court reviewed the appeal filed by the State against the acquittal of Abdul Samad under the Control of Narcotics Substances Act, 1997. The appeal was based on the assertion that the trial court erred in its judgment by acquitting the accused due to lack of evidence. The High Court found that the trial court had correctly identified the absence of the chemical expert's report as a significant factor in its decision to acquit the accused. Furthermore, the prosecution failed to prove that the house where the narcotics were found belonged to the accused. The decision highlights the necessity for rigorous evidence presentation in narcotics cases and reinforces the legal principle that the burden of proof lies with the prosecution. This case emphasizes the importance of due process and the rights of the accused in criminal proceedings. |
| Court |
Quetta High Court
|
| Entities Involved |
Anti-Narcotic Force Balochistan
|
| Judges |
Amanullah Khan Yasinzai, CJ,
Mehta Kailash Nath Kohli, J
|
| Lawyers |
Goher Yaqoob Yousafzai, Spl. Prosecutor for the State,
|
| Petitioners |
THE STATE through Regional Director, Anti-Narcotic Force Balochistan
|
| Respondents |
ABDUL SAMAD through Statiow House Officer
|
| Citations |
2009 SLD 3516 = 2009 PCRLJ 1270
|
| Other Citations |
Wali Muhammad v. King-Emperor AIR 1924 All. 193
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
48,
417
|