| Case ID |
3a8e0f20-d50a-415c-b749-fe7b0394f1af |
| Body |
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| Case Number |
Crl. Appeal No. 75452-J & 59484-J of 2017 |
| Decision Date |
May 23, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court acquitted the appellants Sajjad Ahmad, Muhammad Shafi, and Mujahid of the charges under the Control of Narcotic Substances Act, 1997 due to the prosecution's failure to establish a case beyond a reasonable doubt. The court found that the prosecution's evidence was inconclusive, especially regarding the laboratory reports that lacked necessary protocols and details. It was determined that even a single circumstance creating reasonable doubt is sufficient for acquittal. Consequently, the previous conviction and sentence were set aside, and the appellants were ordered to be released unless required in any other case. |
| Summary |
The case revolves around the conviction of Sajjad Ahmad, Muhammad Shafi, and Mujahid for possession and transport of narcotics. The Lahore High Court examined the evidence presented against them, particularly focusing on the validity of the laboratory reports used by the prosecution. The court highlighted that the reports failed to adhere to the required protocols, rendering them unreliable. Under the Control of Narcotic Substances Act, the court emphasized the prosecution's burden to prove guilt beyond a reasonable doubt. The judgment underscores the importance of adhering to evidentiary standards in drug-related cases, reinforcing that any ambiguity must benefit the accused. This case serves as a significant reference for future narcotics-related litigations, particularly regarding the procedural adherence required for laboratory reports. Keywords: narcotics, acquittal, Lahore High Court, legal standards, drug law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAAR UL HAQ PANNUN,
SHEHRAM SARWAR CH
|
| Lawyers |
Mr. Amjad Iqbal Qureshi,
Ms. Shafkat Parveen Mughal,
Mr. Irfan Ahmad Malik
|
| Petitioners |
Sajjad Ahmad,
Mujahid
|
| Respondents |
STATE
|
| Citations |
2019 SLD 2699,
2019 PLJ 1493
|
| Other Citations |
2018 SCMR 2039,
PLD 2015 Lahore 01,
2014 SCMR 749
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances (Government Analysts) Rules, 2001
|
| Sections |
9(c),
15,
29,
29(c),
48,
173,
265C,
340(2),
342,
R.6
|