| Case ID |
2fe8f49b-08d5-4105-8c09-0540bd24a7a9 |
| Body |
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| Case Number |
D-54 of 2012 |
| Decision Date |
Feb 09, 2018 |
| Hearing Date |
Dec 05, 2017 |
| Decision |
The Sindh High Court dismissed the appeal of Gada Ali Abro against the conviction under the Control of Narcotics Substances Act, 1997. The court found that the prosecution had successfully established the case against the accused, with strong evidence including the testimony of police officials and the positive report from the Chemical Analyzer regarding the recovered narcotic substances. The defense's claims of false implication due to political rivalry were deemed unsubstantiated as there was no credible evidence to support such assertions. The court upheld the trial court's judgment, stating that the evidence presented was sufficient to maintain the conviction for possession of a significant quantity of narcotics. |
| Summary |
In the case of Gada Ali Abro vs. The State, the Sindh High Court addressed the appeal of the appellant convicted under the Control of Narcotics Substances Act, 1997. The prosecution alleged that a large amount of charas (narcotic substance) was recovered from the appellant's Otaq. The court highlighted the importance of reliable evidence from law enforcement officials and the validity of chemical analysis in narcotics cases. It emphasized that the absence of local witnesses does not invalidate the evidence provided by police witnesses as per Section 25 of the Act. The court considered the defense's arguments regarding political enmity and found them lacking in merit, ultimately dismissing the appeal and upholding the conviction. This case underscores the legal framework surrounding narcotics offenses and the evidentiary standards required for prosecution. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZAFAR AHMAD RAJPUT,
KHADIM HUSSAIN TUNIO
|
| Lawyers |
Not available
|
| Petitioners |
Asif Ali Abdul Razak Soomro,
Habibullah G. Ghouri
|
| Respondents |
A.N.F.,
Ubedullah Malano Special Prosecutor
|
| Citations |
2019 SLD 1252,
2019 MLD 962
|
| Other Citations |
Moula Jan v. The State 2014 SCMR 862,
Muhammad Imran v. The State 2011 SCMR 1954,
Muhammad Hashim v. The State PLD 2004 SC 856,
Munawar Ali Jatoi v. The State 2012 MLD 1763,
Hidayatullah v. The State 2012 PCr.LJ 1927,
Muhammad Sarfraz v. The State and another 2017 SCMR 1874,
Faiz Muhammad v. The State 2009 SCMR 1403,
Muhammad Yousif v. The State 2013 PCr.LJ 1642,
Muhammad Shakoor v. The State 2013 PCr.LJ 1633,
Nazar Hussain and another v. The State 2007 YLR 1601,
Muhammad Khan v. The State 2008 SCMR 1616,
Zafar v. The State 2008 SCMR 1254,
Anwar Shamim and another v. The State 2010 SCMR 1791
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
25,
29,
103,
340(2),
342,
382B
|