| Case ID |
390b2249-9b5c-4c28-a37b-71dd843980da |
| Body |
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| Case Number |
Crl. Appeal Nos. 328 of 2007 and 377 of 2006 |
| Decision Date |
Jun 03, 2009 |
| Hearing Date |
Jun 03, 2009 |
| Decision |
The appeal was accepted and the conviction and sentence of the appellant were set aside, leading to the appellant's acquittal. The Court found that the trial court failed to adhere to mandatory provisions of the Criminal Procedure Code, specifically Section 361, which requires that proceedings be conducted in a language understood by the accused. The appellant was unable to understand Urdu, Punjabi, or English, and no interpreter was appointed during the trial. Consequently, the prosecution's case was deemed full of doubts, leading to the conclusion that the appellant should be acquitted. |
| Summary |
In this case, the Lahore High Court dealt with the appeals of Khudai Gul against his conviction under the Control of Narcotics Substances Act, 1997, for allegedly possessing 25 kilograms of opium. The judgment highlighted the importance of conducting trial proceedings in a language that the accused understands, as mandated by Section 361 of the Criminal Procedure Code. The Court noted that the trial was flawed due to the absence of an interpreter for the appellant, who could not understand the languages used in court. The evidence presented by the prosecution was found to be insufficient, with contradictions in witness statements. Ultimately, the appeal was accepted, and the appellant was acquitted, emphasizing the necessity of fair trial standards and the rights of the accused. The case serves as a crucial reminder of the legal principle that an accused must be able to understand the charges against them to mount an effective defense. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. JAMILA JAHANOOR ASLAM,
CH. MAHMOOD AKHTAR KHAN
|
| Lawyers |
Mr. Aftab Ahmad Khan
|
| Petitioners |
Khudai Gul
|
| Respondents |
State
|
| Citations |
2010 SLD 869,
2010 PLJ 327
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
361,
9(c)
|