| Case ID |
67af2357-ef7b-4fc5-ba8f-6a11e1ea7a71 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 939-P of 2021 |
| Decision Date |
Apr 01, 2022 |
| Hearing Date |
Apr 01, 2022 |
| Decision |
The appeal was dismissed with a modification in the sentence. The conviction of the appellant, Haris, under section 11(a) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act was converted to section 9(b), and the sentence was reduced from ten years rigorous imprisonment to fifteen months rigorous imprisonment. The court found that the prosecution had established its case against the accused beyond a reasonable doubt, corroborated by the testimonies of witnesses and forensic evidence. The appellant had already served part of his sentence for the recovery of narcotics, and the court extended the benefit of section 382-B, Cr.P.C. to him. |
| Summary |
In the case of Haris vs The STATE, the Peshawar High Court reviewed the conviction of Haris under the Khyber Pakhtunkhwa Control of Narcotic Substances Act for possession of narcotics. The prosecution's evidence included the recovery of 1010 grams of charas and 755 grams of Ice from the appellant. The court emphasized the importance of corroborative witness testimony and forensic analysis in establishing the chain of custody and the integrity of the evidence. Despite the initial ten-year sentence, the court modified the conviction to reflect a lower section of the law, resulting in a reduced sentence of fifteen months. This case highlights the judicial balance between strict enforcement of narcotics laws and the rights of the accused, ensuring that due process is upheld. Key terms include Khyber Pakhtunkhwa, narcotics, evidence, conviction, and judicial review. |
| Court |
Peshawar High Court
|
| Entities Involved |
The STATE,
Haris
|
| Judges |
ROOH-UL-AMIN KHAN, J
|
| Lawyers |
|
| Petitioners |
Haris
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 1104,
2023 MLD 924
|
| Other Citations |
Not available
|
| Laws Involved |
Khyber Pakhtunkhwa Control of Narcotic Substances Act
|
| Sections |
9(d),
11(b)
|