| Case ID |
3cee3829-1de1-4329-a028-70624c4c21a5 |
| Body |
View case body. Login to View |
| Case Number |
D-98 of 2000 |
| Decision Date |
Mar 29, 2001 |
| Hearing Date |
Mar 29, 2001 |
| Decision |
The appeal was allowed, and the conviction and sentence imposed by the Trial Court were set aside. The appellant was acquitted due to the doubts surrounding the reliability of the prosecution witnesses and the insufficient examination of witnesses that could potentially support the defense. The judgment emphasized that the evidence of official witnesses should be scrutinized carefully, especially in light of the societal context where moral integrity may be compromised. The appellant was ordered to be released forthwith. |
| Summary |
This case revolves around the conviction of Ali Hassan for possession of one kg. of opium under the Control of Narcotic Substances Act, 1997. The Special Judge had sentenced him to seven years of rigorous imprisonment and a fine. The main contention during the appeal focused on the inadequate number of prosecution witnesses examined, raising questions about the credibility of the evidence presented. The Sindh High Court highlighted the importance of examining the moral integrity of official witnesses, given the prevalent societal issues. The court found that the prosecution's failure to examine all listed witnesses led to reasonable doubt regarding the appellant's guilt. Therefore, the appeal was granted, leading to the acquittal of the appellant. The decision underscores the significance of proper legal representation and the necessity of thorough witness examination in criminal cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Zahid Kurban Alvi,
S.A. Rabbani
|
| Lawyers |
Asif Ali Soomro,
Gul Hassan Solangi
|
| Petitioners |
Ali Hassan
|
| Respondents |
The State
|
| Citations |
2001 SLD 2805,
2001 PLD 369
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotic Substances Act (XXV of 1997),
Criminal Procedure Code (V of 1898)
|
| Sections |
25,
9(b),
103
|