| Case ID |
3b192044-f23e-4638-8e0a-020c95e643d2 |
| Body |
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| Case Number |
Crl. A. No. 365 of 2021 |
| Decision Date |
Dec 21, 2021 |
| Hearing Date |
Dec 21, 2021 |
| Decision |
The appeal filed by Allah Bachaya alias Bachoo was considered in light of the evidence regarding the recovery of charas. The court found that the weight of the sample that was analyzed by the Punjab Forensic Science Agency was only 205 grams, which was established as being the only evidence against the appellant. The original sentence under Section 9(c) of the Control of Narcotic Substances Act was set aside, and the appellant was convicted under Section 9(b) for the smaller quantity recovered, leading to a revised sentence of one year and three months of rigorous imprisonment along with a fine. The decision emphasized the importance of adhering to legal precedents regarding the evaluation of evidence in narcotics cases. |
| Summary |
In the case of Allah Bachaya alias Bachoo vs State, the Lahore High Court examined the conviction and sentence related to the possession of charas under the Control of Narcotics Substances Act, 1997. The appellant was initially sentenced to seven years and six months for possessing 4,100 grams of charas, but upon appeal, the court focused on the procedural aspects of evidence collection and the significance of the sample weight that was sent for forensic analysis. The court determined that only 205 grams could be used as evidence against the appellant, which led to a new conviction under Section 9(b) of the Act, resulting in a reduced sentence of one year and three months. This case highlights the critical legal nuances in narcotics law and the importance of proper evidence handling in judicial proceedings. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD WAHEED KHAN,
ALI ZIA BAJWA
|
| Lawyers |
Khawaja Qaiser Butt,
Tariq Mehmood Dogar,
Rao Matloob Ahmed
|
| Petitioners |
ALLAH BACHAYA alias BACHOO
|
| Respondents |
STATE
|
| Citations |
2022 SLD 1962,
2022 PLJ 635
|
| Other Citations |
PLD 2012 SC 380
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c),
9(b)
|