| Case ID |
465243eb-bc24-4fec-98d6-6c7e343c1d3f |
| Body |
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| Case Number |
D-15 of 2013 |
| Decision Date |
Nov 07, 2013 |
| Hearing Date |
|
| Decision |
The High Court allowed the appeal of Ghulam Abbas Jamali, setting aside the conviction and sentence imposed by the Trial Court. The Court found that the prosecution had failed to provide reliable and convincing evidence, especially regarding the delay in sending the narcotics for chemical analysis, and noted that the charge under section 9(c) was incorrectly framed as the offence should have fallen under section 9(b). The lack of independent witnesses and the inconsistencies in the prosecution's case further supported the decision to acquit the accused. |
| Summary |
In the case of Ghulam Abbas Jamali vs. The State, the Sindh High Court addressed significant issues regarding the prosecution's handling of evidence in narcotics cases. The appellant was initially convicted under section 9(c) of the Control of Narcotic Substances Act for possessing 1000 grams of charas. However, the High Court found that crucial procedural errors and the absence of timely evidence significantly undermined the prosecution's case. The appellate court highlighted the importance of adhering to the stipulated timelines for sending evidence to chemical analysts, which in this case had a delay of over five days. This delay raised questions about the integrity of the evidence and the possibility of tampering. The Court ultimately ruled in favor of the appellant, emphasizing the need for credible evidence and proper procedural adherence in narcotics cases. The decision underscores the judicial system's commitment to ensuring that convictions are based on substantial and reliable evidence, thereby safeguarding the rights of individuals against wrongful convictions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAIMATULLAH PHULPOTO,
FAROOQ ALI CHANNA
|
| Lawyers |
Abdul Haleem Jamali,
Syed Meeral Shah
|
| Petitioners |
GHULAM ABBAS JAMALI
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 2213,
2015 YLR 2085
|
| Other Citations |
Muhammad Aslam v. State 2011 SCMR 820
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Control of Narcotic Substances (Government Analysts) Rules 2001,
Criminal Procedure Code, 1898
|
| Sections |
9(b),
9(c),
R. 4 (2),
S. 103
|