| Case ID |
39c396ab-d637-4205-91d1-5db1fab8bbb7 |
| Body |
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| Case Number |
Criminal Appeal No. 20-K of 2018 |
| Decision Date |
Feb 25, 2019 |
| Hearing Date |
Feb 25, 2019 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the accused, setting aside their convictions and sentences due to the prosecution's failure to establish safe custody and proper transmission of the narcotics evidence. The court cited that without independent evidence proving safe custody or transmission, the prosecution could not establish its case beyond a reasonable doubt. The trial court's reliance on unsubstantiated claims led to a conclusion that the accused were entitled to the benefit of the doubt, resulting in their acquittal. The decision emphasizes the necessity for rigorous evidence standards in narcotics cases. |
| Summary |
In the case of Criminal Appeal No. 20-K of 2018, the Supreme Court of Pakistan addressed significant issues surrounding the Control of Narcotics Substances Act, 1997, particularly focusing on the crucial aspects of evidence handling in narcotics cases. The appellants, accused of possessing narcotics, were initially convicted based on evidence that was later challenged in the Supreme Court. The court found that the prosecution had failed to prove the safe custody and transmission of narcotics samples to the Chemical Examiner, a pivotal requirement for establishing the legitimacy of the charges. This case highlights the importance of strict adherence to procedural standards in drug-related prosecutions, ensuring that convictions are based on reliable and well-documented evidence. The ruling reinforces the principle that in criminal law, particularly in narcotics offenses, the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt. The implications of this decision set a precedent for future narcotics cases, emphasizing the need for law enforcement to maintain rigorous evidence protocols to uphold justice. The case serves as a reminder of the judiciary's role in safeguarding the rights of individuals against wrongful convictions based on insufficient evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Anti-Narcotics Force
|
| Judges |
Asif Saeed Khan Khosa, C.J.,
Mazhar Alam Khan Miankhel, Justice,
Sajjad Ali Shah, Justice
|
| Lawyers |
Mehmood A. Qureshi, Advocate Supreme Court
|
| Petitioners |
Abdul Ghani,
Hakim Ali,
Barkat Ali,
Khan Muhammad,
Abdul Majeed
|
| Respondents |
The State
|
| Citations |
2019 SLD 1088,
2019 SCMR 608
|
| Other Citations |
The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039,
Ikramullah and others v. The State 2015 SCMR 1002,
Amjad Ali v. The State 2012 SCMR 577
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
6,
9(c),
14,
15
|