| Case ID |
3d4ef655-49cd-42f7-a8d4-2d0ecb0d7bb9 |
| Body |
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| Case Number |
Crl. A. No. 616 of 2013 |
| Decision Date |
Oct 27, 2021 |
| Hearing Date |
Oct 27, 2021 |
| Decision |
The Lahore High Court dismissed the appeal filed under Section 48 of the Control of Narcotic Substances Act, 1997, upholding the conviction and sentence of Muhammad Hafeez. The respondent was convicted for the possession of narcotics, specifically charas and opium, recovered from his vehicle. The trial court found sufficient evidence, including a confessional statement from the respondent, leading to a sentence of 2.5 years of rigorous imprisonment along with a fine. The court emphasized the legality of the vehicle's release based on the respondent's ownership prior to the offense, despite the familial relationship to the accused. The decision reaffirmed the standards for the seizure and custody of vehicles involved in narcotics cases under the relevant law. |
| Summary |
The case revolves around the conviction of Muhammad Hafeez for possession of narcotics under the Control of Narcotics Substances Act, 1997. The Lahore High Court addressed the appeal against the trial court's conviction, which was based on the recovery of charas and opium from the respondent's vehicle. The court highlighted the importance of confessional statements in establishing guilt. It ruled that the trial court acted within its jurisdiction in releasing the vehicle to the legal owner, despite the accused's relationship to the respondent. The case underscores the legal principles surrounding narcotics offenses and the implications of ownership and possession in such contexts. The decision serves as a reference for future narcotics-related cases, emphasizing the need for clear evidence and adherence to legal standards in the handling of vehicles implicated in drug offenses. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAQAR NAJAFI,
SARDAR MUHAMMAD SARFRAZ DOGAR
|
| Lawyers |
Mr. Zafar Iqbal Chohan,
Mr. Naveed Afzal Basra
|
| Petitioners |
STATE
|
| Respondents |
MUHAMMAD HAFEEZ
|
| Citations |
2022 SLD 2015,
2022 PLJ 949
|
| Other Citations |
PLD 2006 Lahore 167,
2011 SCMR 1471,
2019 P.Cr.L.J. 1341,
2010 SCMR 1181,
PLD 2020 Supreme Court 299
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c),
15,
48
|