| Case ID |
3712bb5b-af38-4176-bbbb-dcd1ee71a01d |
| Body |
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| Case Number |
Criminal Appeal No. 214 of 2010 |
| Decision Date |
Jun 25, 2013 |
| Hearing Date |
Jun 07, 2013 |
| Decision |
The High Court maintained the conviction and sentence of the appellant Muhammad Ibrahim, while acquitting the co-accused Moula Bakhsh due to lack of evidence proving his involvement in the crime. The court emphasized that mere presence in the vehicle with the accused does not establish guilt without substantial proof of participation in the crime. The prosecution failed to demonstrate that Moula Bakhsh had knowledge of the narcotics concealed in the tanker. Therefore, the appeal for Moula Bakhsh was accepted, and he was acquitted of the charges. |
| Summary |
In the case of Criminal Appeal No. 214 of 2010, the Balochistan High Court addressed critical issues surrounding the Control of Narcotic Substances Act, 1997. The case involved two appellants, Muhammad Ibrahim and Moula Bakhsh, who were convicted under section 9(c) of the Act for possession of narcotics found in secret cavities of a tanker driven by Ibrahim. The court highlighted the prosecution's burden of proof, stating that even though the Act places the onus on the accused to prove innocence, it does not relieve the prosecution of its duty to prove guilt beyond reasonable doubt. The court found that while Ibrahim was guilty due to his control over the vehicle and the narcotics, Moula Bakhsh was not proven to have any knowledge or involvement with the contraband. This distinction led to the acquittal of Moula Bakhsh, emphasizing the necessity for clear and compelling evidence in criminal cases, especially those involving potential capital punishment. The decision reaffirms the legal principle that each case must be judged on its unique facts and circumstances, ensuring justice is served based on the evidence presented. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL, J,
Syeda Tahira Safdar,
Muhammad Hashim Khan Kakar
|
| Lawyers |
Taj Muhammad Mengal,
Rauf Atta
|
| Petitioners |
MOULA BAKHSH
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 2865,
2013 YLR 2407
|
| Other Citations |
Mst. Jameela v. The State PLD 2012 SC 369,
Qaisarullah v. The State 2009 SCMR 579,
Nazar Hussain v. The State 2007 YLR 1601,
Eran Gul and others v. The State 2009 YLR 646,
Yar Muhammad v. The State 2010 YLR 1939
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Qanun-e-Shahadat, 1984
|
| Sections |
6,
9(c),
29,
117,
120
|