| Case ID |
324f407e-0cff-4f18-b3fd-b309ad6454bd |
| Body |
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| Case Number |
K-69 of 1972 |
| Decision Date |
Sep 05, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal, emphasizing that being formally charged does not equate to a conviction. The court noted that the petitioner, Shaikh Muhammad Yamin, was charged under the Customs Act following the discovery of cannabis resin in a shipment, but there was insufficient evidence to link him directly to the crime. The court highlighted that the presence of some evidence against the petitioner precluded interference at this stage, reinforcing the principle that a defendant has the right to prepare a defense against the allegations made. The court maintained that unless compelling evidence emerges to substantiate the charges, the petitioner should not fear the proceedings. |
| Summary |
The case revolves around a criminal petition for special leave to appeal filed by Shaikh Muhammad Yamin against the State. The central issue involved the legality of the charges brought against him under the Customs Act, following the discovery of cannabis resin in a shipment. The Supreme Court examined the procedural aspects of the case, focusing on the evidentiary standards required to uphold the charges. The court concluded that while there was some evidence suggesting involvement, it was not sufficient to justify a conviction. This ruling underscores the importance of credible evidence in criminal proceedings and protects the rights of the accused, ensuring that charges are not merely based on circumstantial evidence or assumptions. The decision reflects a commitment to upholding justice and a fair trial, highlighting the role of the judiciary in safeguarding individual rights against unfounded allegations. Keywords: criminal law, Supreme Court, Customs Act, cannabis resin, legal proceedings, fair trial, evidence standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD GUL, J
|
| Lawyers |
Mohammad Hayat Junejo, Senior Advocate Supreme Court,
M. Fesh-ud-Din Ahmad, Advocate Supreme Court,
A. Aziz Dastgir, Advocate-on-Record
|
| Petitioners |
Shaikh MUHAMMAD YAMIN
|
| Respondents |
THE STATE
|
| Citations |
1973 SLD 193,
1973 SCMR 622
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Customs Act
|
| Sections |
561-A,
19,
167 (37-A)
|