| Case ID |
3afbc1d2-920b-46a2-82b1-a963a056bfff |
| Body |
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| Case Number |
Criminal Appeals No. 111 and Criminal Jail Appeal |
| Decision Date |
Nov 20, 2002 |
| Hearing Date |
Oct 02, 2002 |
| Decision |
The appellant, Mian Muhammad Arshad, was initially convicted under section 9(c) of the Control of Narcotic Substances Act, 1997, and sentenced to life imprisonment along with a fine of Rs. 10 lacs. However, upon appeal, the Sindh High Court found significant discrepancies in the prosecution's evidence, including contradictions among witnesses regarding the circumstances of the arrest and the recovery of narcotics. The court emphasized that the mere recovery of a large quantity of narcotics was insufficient for conviction without proving conscious possession. Ultimately, the court acquitted the appellant, setting aside the conviction and sentence, and ordered his immediate release if not required in any other case. |
| Summary |
In the case of Mian Muhammad Arshad vs. The State, the Sindh High Court addressed the appeal concerning a conviction under the Control of Narcotic Substances Act, 1997. The case revolved around the alleged possession of 300 Kgs of Charas recovered from a vehicle during a police operation. The prosecution's case was undermined by contradictions in witness testimonies, particularly regarding the location and manner of the arrest. The court highlighted the need for credible evidence of conscious possession, reiterating that mere presence at the scene does not equate to guilt. The appeal ultimately led to the appellant's acquittal, reinforcing the principle that the prosecution must prove its case beyond a reasonable doubt. This case underlines the importance of reliable witness testimony in narcotics cases and the judicial scrutiny required to uphold convictions. Keywords such as 'narcotics law', 'criminal appeals', 'Sindh High Court', 'legal representation', and 'evidence evaluation' are critical for understanding the legal landscape surrounding drug offenses. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHABBIR AHMED,
AZIZULLAH M. MEMON
|
| Lawyers |
Sarfraz Ahmed Tanoli,
Arshad Lodhi, A.A.-G.
|
| Petitioners |
Mian Muhammad Arshad
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 1164 = 2003 PCRLJ 865
|
| Other Citations |
Sakindar v. The State PLD 1963 SC 17,
Abdul Hameed v. The State NLR 1986 SD 144,
Ashiq Hussain v. The State 1975 PCr.LJ 675,
Muhammad Yousuf v. The State 1994 PCr.LJ 2518,
Hamza v. The State 2000 PCr.LJ 1760,
Ali Hasan v. The State PLD 2001 Kar. 639,
Mushtaq v. The State 2002 PCr.LJ 1312,
Ejaz Khan v. The State 2001 YLR 2039,
Tariq Pervez v. The State 1995 SCMR 1345,
Mushtaq Ahmed v. The State ELD 1996 SC 574,
State v. Bashir PLD 1997 SC 408
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Prohibition (Enforcement of Hadd) Order, 1979
|
| Sections |
9(c),
3/4
|