| Case ID |
41d0ba29-eea2-4d01-9bf9-1625161de113 |
| Body |
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| Case Number |
Crl. Appeal No. 252345 of 2018 |
| Decision Date |
Jun 19, 2019 |
| Hearing Date |
Jun 19, 2019 |
| Decision |
The Lahore High Court allowed the appeal filed by Talib Hussain against his conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997. The court found that the prosecution had failed to prove the safe custody and connection of the recovered narcotics with the appellant. Numerous inconsistencies and contradictions in the evidence presented by the prosecution led the court to conclude that the prosecution's case was riddled with doubts. Therefore, the conviction and sentence imposed by the trial court were set aside, and Talib Hussain was acquitted of the charges, allowing him to be released from custody unless required in connection with another case. |
| Summary |
In the case of Talib Hussain vs. State, the Lahore High Court examined the prosecution's case regarding the conviction of Talib Hussain under the Control of Narcotics Substances Act. The appellant was accused of possessing narcotics, specifically charas weighing 2305 grams. The court found significant discrepancies in the evidence, particularly concerning the handling and analysis of the narcotics. The prosecution's failure to establish a clear link between the recovered substance and the appellant, along with the inconsistencies in witness testimonies, raised reasonable doubts about the prosecution's claims. As a result, the court granted the benefit of the doubt to the appellant, leading to his acquittal. This case highlights the critical importance of evidence integrity and the prosecution's burden of proof in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MISS AALIA NEELAM,
JUSTICE CH. ABDUL AZIZ
|
| Lawyers |
Ms. S. Parveen Mughal,
Mr. Muhammad Waqas Anwar
|
| Petitioners |
Talib Hussain
|
| Respondents |
STATE & ANOTHER
|
| Citations |
2019 SLD 2668,
2019 PLJ 1340
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
161,
340(2),
342,
382B
|