| Case ID |
36e1aa3e-490a-4e0b-ae97-d8aa8b0409eb |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 543 of 2010 |
| Decision Date |
Dec 24, 2019 |
| Hearing Date |
Dec 05, 2019 |
| Decision |
The High Court dismissed the appeal against acquittal, stating that the trial court had valid and cogent reasons for its decision. It emphasized the principle of double presumption of innocence in acquittal cases and noted that the evidence presented was not sufficient to disturb the acquittal. The court highlighted the importance of the evidence being capricious or perverse for an acquittal to be overturned, which was not the case here. The prosecution failed to meet the burden of proof required to substantiate their claims against the accused. |
| Summary |
In the case of Criminal Acquittal Appeal No. 543 of 2010, the Sindh High Court examined an appeal filed by the State/ANF against the acquittal of two respondents, Babar Khan and Muhammad Wasim, charged under the Control of Narcotics Substances Act. The court evaluated the evidence presented during the trial, which included the recovery of a significant quantity of charas. The appeal was dismissed due to the prosecution's inability to prove its case beyond a reasonable doubt. The ruling reinforced the legal principle that acquittal judgments should not be overturned unless there is clear evidence of a miscarriage of justice. The decision highlights the challenges faced by law enforcement in drug-related cases, particularly concerning the admissibility and credibility of evidence. This case serves as a critical reference point for future narcotics cases, emphasizing the need for robust evidence collection and presentation in court proceedings. Keywords such as 'narcotics law,' 'drug offences,' and 'legal acquittal' are essential for understanding the implications of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD KARIM KHAN,
JUSTICE ZULFIQAR ALI SANGI
|
| Lawyers |
Habib Ahmed, Special Prosecutor ANF for Appellant,
Muhammad Ali Nawaz for Respondents Nos. 1 and 2
|
| Petitioners |
THE STATE/ANF THROUGH DEPUTY DIRECTOR LAW
|
| Respondents |
BABAR KHAN,
MUHAMMAD WASIM
|
| Citations |
2020 SLD 2202,
2020 YLR 2053
|
| Other Citations |
The State through Advocate-General Sindh, Public Prosecutor, Sindh, Karachi v. Raza Muhammad and another 1999 YLR 178,
The State v. Syed Ali Baqar Naqvi and others 2014 SCMR 671,
State v. Abdul Khaliq and others PLD 2011 SC 554,
Inayat Ullah Butt v. Muhammad Javed and others PLD 2003 SC 563,
Mst. Anwar Begum v. Akhtar Hussain alias Kaka and 2 others 2017 SCMR 1710
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Limitation Act, 1908
|
| Sections |
48,
9(c),
157
|