| Case ID |
37731536-df30-487a-8540-b0212bbbf66f |
| Body |
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| Case Number |
Criminal Appeal No. 97-L of 2017 |
| Decision Date |
May 14, 2019 |
| Hearing Date |
May 14, 2019 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellant, Mst. Razia Sultana, setting aside her conviction and sentence under section 9(c) of the Control of Narcotic Substances Act, 1997. The Court found that the prosecution failed to establish the chain of custody for the narcotic samples, which compromised the reliability of the Chemical Examiner's report. As a result, the Court determined that it would be unsafe to rely on the evidence presented, leading to the conclusion that the appellant was not proven guilty beyond a reasonable doubt. The decision underscored the importance of maintaining the integrity of evidence in criminal proceedings, particularly in drug-related cases. |
| Summary |
In the case of MST. RAZIA SULTANA vs. THE STATE AND ANOTHER, the Supreme Court of Pakistan addressed critical issues surrounding the possession of narcotics and the evidentiary standards required for conviction under the Control of Narcotic Substances Act, 1997. The appellant was initially convicted and sentenced to life imprisonment based on the possession of narcotic drugs. However, during the appeal, it was revealed that the chain of custody for the drug samples was compromised, as the officer responsible for the safe transmission of the samples to the Chemical Examiner was not produced in court. This led to the conclusion that the Chemical Examiner's report was unreliable. The Court emphasized that without a reliable chain of custody, the prosecution could not establish guilt beyond a reasonable doubt. The ruling highlighted the necessity for law enforcement to adhere strictly to protocols for evidence handling, particularly in cases involving narcotics, where the stakes are high, and the implications for defendants are severe. The case serves as a precedent for future narcotics trials, reinforcing the critical role of evidentiary integrity. The decision also reflects the judiciary's commitment to upholding justice and ensuring that convictions are based on sound and reliable evidence, rather than procedural lapses that can lead to wrongful convictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
SYED MANSOOR ALI SHAH,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Naveed Ahmed Khawaja,
Zafar Iqbal Chohan
|
| Petitioners |
MST. RAZIA SULTANA
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2019 SLD 1872,
2019 SCMR 1300
|
| Other Citations |
State v. Imam Bakhsh 2018 SCMR 2039
|
| Laws Involved |
Control of Narcotic Substances (Government Analysts) Rules, 2001,
Control of Narcotics Substances Act, 1997
|
| Sections |
R.5,
R.6,
9(c)
|