| Case ID |
3cc902c2-b2bb-4cfb-b31c-b155334a9e1b |
| Body |
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| Case Number |
Cr. Appeal No. 38 of 2019 |
| Decision Date |
Sep 18, 2019 |
| Hearing Date |
Sep 18, 2019 |
| Decision |
The appeal against the conviction of Nazir Ahmad alias Guggi under Section 9(c) of the Control of Narcotic Substances Act, 1997 was allowed due to contradictory evidence and failure of the prosecution to establish safe custody of the narcotics. The court emphasized that criminal cases cannot be decided on assumptions and must be proven through legal evidence. The conviction was set aside, and the appellant was acquitted and ordered to be released unless detained in another case. |
| Summary |
In the case of Nazir Ahmad alias Guggi vs. The State, the Lahore High Court reviewed the conviction of the appellant under the Control of Narcotic Substances Act, 1997. The prosecution claimed that 1250 grams of charas and related paraphernalia were recovered from the appellant. However, significant inconsistencies in witness testimonies raised doubts. The court highlighted the importance of safe custody of evidence and the necessity for the prosecution to establish each fact through credible evidence. The appeal was successful, resulting in the appellant's acquittal. This case underscores the legal standards required in narcotics cases and the critical role of reliable evidence in securing convictions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ SALEEM SHEIKH,
JUSTICE ANWAARUL HAQ PANNUN
|
| Lawyers |
Fayyaz Ahmad Lakhwera,
Malik Muhammad Mudassar Ali,
Taj Muhammad/SI
|
| Petitioners |
NAZIR AHMAD ALIAS GUGGI
|
| Respondents |
THE STATE
|
| Citations |
2020 SLD 1871,
2020 MLD 1525
|
| Other Citations |
Minhaj Khan v. The State 2019 SCMR 326,
Ikramullah v. State 2015 SCMR 1002,
The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c)
|