| Case ID |
43f1b4f3-b226-4cdc-93ac-603d5d83352c |
| Body |
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| Case Number |
Criminal Jail Appeal No. 15 of 2016 |
| Decision Date |
Sep 08, 2016 |
| Hearing Date |
Aug 29, 2016 |
| Decision |
The Balochistan High Court accepted the appeal of Shahid Dada, who was convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997. The court found that the prosecution failed to associate any independent witnesses during the recovery of narcotics, which raised significant doubts about the credibility of the evidence. Additionally, the court noted a considerable delay in sending the narcotic samples for chemical analysis, which was not adequately explained. As a result, the court set aside the conviction and acquitted the appellant, ordering his immediate release. |
| Summary |
In the case of Shahid Dada vs. The State, the Balochistan High Court dealt with critical issues related to the Control of Narcotic Substances Act, specifically regarding the possession of narcotic substances and the associated legal procedures. The court underscored the importance of adhering to Section 103 of the Criminal Procedure Code, which mandates the involvement of independent witnesses during recovery actions to ensure transparency and integrity in law enforcement. The absence of such witnesses in a populated area during the alleged narcotics recovery was deemed a serious flaw in the prosecution's case. Furthermore, the court highlighted the significant delay of over six months in forwarding the seized samples for chemical analysis, which raised concerns about the possibility of tampering or alteration of evidence. This case serves as a critical reminder of the legal standards required for the prosecution in narcotics cases and the necessity for due diligence in gathering and preserving evidence. The ruling not only emphasizes the principle of 'benefit of doubt' favoring the accused but also reinforces the judicial system's commitment to upholding justice and preventing wrongful convictions. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE,
ABDULLAH BALOCH, JUSTICE
|
| Lawyers |
Muhammad Khair Mengal,
Muhammad Younas
|
| Petitioners |
SHAHID DADA
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 598,
2017 MLD 288
|
| Other Citations |
Amir Zeb v. The State PLD 2012 SC 380,
Muhammad Aslam v. The State 2011 SCMR 820
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Criminal Procedure Code, 1898
|
| Sections |
9(c),
25,
103
|