| Case ID |
3788f53f-3e69-4337-8f21-a5d3fdbb5c74 |
| Body |
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| Case Number |
Criminal Petition No. 330 of 2008 |
| Decision Date |
Jan 14, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Peshawar High Court's judgment which had acquitted the respondent, Bashir Khan, of charges related to the possession of narcotics. The trial court had previously convicted him and imposed a life sentence along with a fine. The petition was dismissed primarily due to the delay in filing, which was not justified under the law. The court emphasized that condoning such delays could set a precedent leading to unjust outcomes, thereby affecting the rights of the accused. |
| Summary |
In the case of Criminal Petition No. 330 of 2008, the Supreme Court of Pakistan examined the appeal filed by the State against the acquittal of Bashir Khan by the Peshawar High Court concerning narcotics possession. The case revolved around the principles of justice and the implications of condoning delays in legal proceedings. The trial court's decision to convict the accused was overturned by the High Court, leading to the State's appeal. The Supreme Court found that the reasons provided for the delay in filing the appeal were not legally acceptable, highlighting the importance of timely legal action. This case underscores the complexities involved in narcotics law and the judicial process in Pakistan, emphasizing the necessity for adherence to procedural timelines to uphold justice. The ruling serves as a critical reminder of the balance between the rights of the accused and the interests of justice in criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
CH. IJAZ AHMED,
GHULAM RABBANI
|
| Lawyers |
Raja Abdul Ghafoor, Advocate Supreme Court,
Najeeb Abbasi, Collector Customs, N.W.F.P.,
Noor Alam Khan, Advocate Supreme Court
|
| Petitioners |
THE STATE through Collector of Customs
|
| Respondents |
BASHIR KHAN
|
| Citations |
2011 SLD 2137,
2011 SCMR 982
|
| Other Citations |
Munawar Hussain v. The State 1993 SCMR 785,
Fakhar-ud-Din v. Fazal Karim 1999 SCMR 795,
Abdullah Jan v. State 2003 SCMR 1063
|
| Laws Involved |
Control of Narcotic Substances Act,
Constitution of Pakistan
|
| Sections |
9(c),
Art. 185(3)
|