| Case ID |
38489c18-3337-4ced-a9b0-9a650985a915 |
| Body |
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| Case Number |
Criminal Jail Appeal No. 202 of 2003 |
| Decision Date |
Oct 31, 2003 |
| Hearing Date |
Oct 28, 2003 |
| Decision |
The appeal was allowed, and the conviction and sentence imposed by the Trial Court were set aside. The High Court found that the prosecution's case was based on weak evidence, particularly concerning the alleged recovery of heroin and the unexplained delay in sending samples for chemical analysis. The appellant was granted the benefit of the doubt and acquitted. |
| Summary |
In the case of Ansar-ul-Islam vs. The State, the Sindh High Court examined the conviction of the appellant under the Control of Narcotic Substances Act (XXV of 1997). The key issue revolved around the recovery of 1400 grams of heroin powder from the appellant's suitcase. The Court scrutinized the evidence presented by the prosecution, noting significant delays in sending samples for chemical examination, which raised doubts about the integrity of the evidence. The High Court emphasized the importance of corroborating circumstantial evidence and found that the prosecution failed to establish a solid case against the appellant. Ultimately, the Court ruled in favor of the appellant, citing the principle of benefit of doubt in criminal cases, leading to an acquittal. This case highlights critical aspects of criminal law, including the standards of evidence required for conviction in drug-related offenses. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAHID BUX BROHI,
RAHMAT HUSSAIN JAFFERI
|
| Lawyers |
M. Riaz,
Khursheed Hashmi
|
| Petitioners |
ANSAR-ULISLAM
|
| Respondents |
THE STATE
|
| Citations |
2005 SLD 1942,
2005 PLD 146
|
| Other Citations |
Muhammad Achar Machi v. The State 2001 PCr.LJ 1762,
Tariq Pervez v. State 1995 SCMR 1345,
Jamal Shah v. State 1997 SCMR 1494,
Jahangir v. Nazar Farid 2002 SCMR 1986
|
| Laws Involved |
Control of Narcotic Substances Act
|
| Sections |
9(c)
|