| Case ID |
4301d76a-b278-47f1-92c3-8c30b0cb7d80 |
| Body |
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| Case Number |
Criminal Appeal No.381 of 2012 |
| Decision Date |
Nov 28, 2014 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal of Akhtar Iqbal, who was previously convicted and sentenced to life imprisonment for possession of narcotics under the Control of Narcotic Substances Act. The court found significant doubts regarding the prosecution's case, particularly the lack of material witnesses and inconsistencies in the evidence presented. The court noted that the only material witness had attested the memorandum of recovery, while key recovery officers had passed away before giving their statements. The court concluded that there was a reasonable probability that the appellant had been falsely implicated, possibly due to prior involvement in the arrest of a drug baron. Consequently, the conviction and sentence were set aside, and Akhtar Iqbal was acquitted of the charges, extending him the benefit of doubt. |
| Summary |
In the case of Akhtar Iqbal vs The STATE, the Supreme Court of Pakistan addressed critical issues surrounding the possession of narcotics under the Control of Narcotic Substances Act. The court scrutinized the evidence produced by the prosecution, highlighting the absence of key witnesses and the inconsistencies in the handling of evidence. The ruling emphasized the importance of due process and the presumption of innocence, ultimately leading to the acquittal of Akhtar Iqbal. The case underscores the challenges in narcotics-related prosecutions, particularly concerning the reliability of evidence and witness testimonies. The decision serves as a significant reference point for future cases involving similar allegations, reinforcing the necessity for substantial evidence in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA,
IQBAL HAMEEDUR RAHMAN,
UMAR ATA BANDIAL
|
| Lawyers |
Noor Alam Khan,
Shahid Mehmood Abbasi
|
| Petitioners |
Akhtar Iqbal
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 1358,
2015 SCMR 291
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotic Substances Act (XXV of 1997)
|
| Sections |
9(c)
|