| Case ID |
2e026f8d-fa4e-4bf8-9d1b-45bd0d8e3f33 |
| Body |
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| Case Number |
Criminal Appeals Nos. 1410 of 2012 and 213 of 2014 |
| Decision Date |
Nov 23, 2015 |
| Hearing Date |
Nov 23, 2015 |
| Decision |
The Lahore High Court acquitted Haji Zafar Abbas of the charges under the Control of Narcotic Substances Act, 1997, after finding significant contradictions in the prosecution's evidence. The court noted that discrepancies regarding the color of the recovered narcotics and the methods employed during analysis raised strong doubts about the reliability of the prosecution's case. The Chemical Examiner's report was deemed insufficient as it failed to provide necessary protocols and reasons for its conclusions. Consequently, the appeal was allowed, and the conviction was set aside. |
| Summary |
This case revolves around Haji Zafar Abbas, who was convicted under the Control of Narcotic Substances Act, 1997, for drug trafficking. The Lahore High Court, in its ruling, highlighted critical inconsistencies in the prosecution's evidence, particularly concerning the color of the narcotics and the procedures followed by the Chemical Examiner. The court emphasized that the prosecution's case was riddled with contradictions, which created reasonable doubts about the accused's guilt. As a result, the court overturned the conviction, emphasizing the importance of reliable and consistent evidence in narcotics cases. Legal practitioners and scholars may find this case significant in understanding the evidentiary standards required in drug-related offenses, as it underscores the necessity for thorough and transparent analysis in forensic investigations. The decision reinforces the principle that the burden of proof lies with the prosecution, and any lapse in this duty can lead to acquittal. Keywords such as 'narcotics law', 'drug trafficking', 'Lahore High Court', and 'evidentiary standards' are fundamental for legal discussions and research in this area. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MISS AALIA NEELUM, JUSTICE,
SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
|
| Lawyers |
Muhammad Usman Sharif Khosa for Appellant,
Sahibzada Anwar Hameed, Senior Special Prosecutor for ANF for the State
|
| Petitioners |
HAJI ZAFAR ABBAS
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2016 SLD 3301 = 2016 PCRLJ 1170
|
| Other Citations |
Ikram Ullah and others v. The State 2015 SCMR 1002
|
| Laws Involved |
Control of Narcotic Substances Act, 1997
|
| Sections |
9(c),
8,
7,
5,
36
|