| Case ID |
3ba0c364-9ea6-4fc4-9ad5-a6c2ca6ac56a |
| Body |
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| Case Number |
Writ Petition No. 209-M |
| Decision Date |
Mar 01, 2022 |
| Hearing Date |
|
| Decision |
The court allowed the appeal against conviction due to lack of evidence proving guilt beyond a reasonable doubt. Multiple contradictions in the testimonies of witnesses led to the conclusion that the prosecution had failed to establish a credible case. The discrepancies in the accounts of the complainant and the police constable were significant, thus entitling the accused to the benefit of the doubt. The failure to examine a key witness further weakened the prosecution's case. |
| Summary |
This case revolves around the appeal of MEHBOOB ALI against the conviction related to possession of narcotics under the Control of Narcotics Substances Act, 1997. The Peshawar High Court scrutinized the evidence presented by the prosecution, noting substantial contradictions in witness statements. The case involved the recovery of charas from the vehicles of the accused, with significant discrepancies in the police's account of events, including conflicting testimonies regarding the search and seizure process. The court emphasized the principle that any reasonable doubt should benefit the accused, leading to the decision to quash the previous conviction. The case underscores the importance of procedural integrity and the necessity for reliable evidence in narcotics-related offenses, aligning with the legal standards set forth in both the Control of Narcotics Substances Act and the Qanun-e-Shahadat. This ruling is significant in the ongoing discourse surrounding drug-related offenses and the legal protections afforded to individuals under the law. |
| Court |
Peshawar High Court
|
| Entities Involved |
State,
Additional Advocate General
|
| Judges |
MUHAMMAD NAEEM ANWAR,
MUHAMMAD IJAZ KHAN
|
| Lawyers |
Saleem Raza Jakhar,
Amrat Kumar,
Khadim Hussain
|
| Petitioners |
MEHBOOB ALI
|
| Respondents |
STATE through Additional Advocate General and 3 others
|
| Citations |
2022 SLD 3271,
2022 PCRLJ 1788
|
| Other Citations |
2018 SCMR 2039,
Muhammad Akram v. The State 2009 SCMR 230,
Tariq Pervez v. The State 1995 SCMR 1345
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
9(c),
129(g)
|