| Case ID |
316f8539-9ba8-4b5d-84f2-6329b5d7a66b |
| Body |
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| Case Number |
Cr. Appeal No. 68 of 2019 |
| Decision Date |
Dec 02, 2019 |
| Hearing Date |
Dec 02, 2019 |
| Decision |
The High Court allowed the appeal, setting aside the conviction and sentence given to the appellant under Section 9(c) of the Control of Narcotics Substances Act, 1997. It concluded that the prosecution failed to prove the charge against the appellant beyond reasonable doubt, highlighting the importance of considering the defense's evidence and the need for the prosecution to establish its case convincingly. The court emphasized that police testimony should not be accepted as absolute truth without scrutiny of the defense claims. The appellant was acquitted and ordered to be released if not required in other cases. |
| Summary |
In the case of Cr. Appeal No. 68 of 2019, the Lahore High Court addressed allegations against the appellant involving the possession of 1540 grams of charas under the Control of Narcotics Substances Act, 1997. The appeal was based on claims of false implication by a police official due to personal vendettas. The court scrutinized the evidence presented by both the prosecution and the defense, ultimately determining that the prosecution did not establish its case beyond reasonable doubt. The judges underscored the critical principle that the burden of proof lies with the prosecution in criminal cases, and any doubt created by the defense must be duly acknowledged. The decision reinforced the necessity for a fair assessment of both sides in legal proceedings, especially in drug-related offenses, which often carry severe penalties. This ruling serves as a reminder of the judicial system's commitment to uphold justice and protect the rights of the accused, ensuring that convictions are based on solid evidence rather than assumptions or biases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Saleem Sheikh,
Sadiq Mahmud Khurram,
Abdul Ghaffar
|
| Lawyers |
James Joseph,
Muhammad Ali Shahab
|
| Petitioners |
Not available
|
| Respondents |
The State,
Anothers
|
| Citations |
2020 SLD 1969,
2020 YLR 1553
|
| Other Citations |
Wazir Muhammad v. State 1992 SCMR 1134,
Ghaus Bakhsh v. State 2000 MLD 618
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
48,
22A
|