Legal Case Summary

Case Details
Case ID 67d4f112-e559-4c73-b97e-057e79d3e1ce
Body View case body.
Case Number Criminal Appeal No. 486 of 2009
Decision Date Jan 14, 2011
Hearing Date Dec 20, 2010
Decision The appeal was accepted due to substantial contradictions in the prosecution's case. The evidence presented was insufficient to prove the conscious possession of narcotics by the appellants. The testimonies of witnesses were found to be inconsistent, and the forensic evidence contradicted the claims made by the prosecution. The court concluded that the prosecution failed to establish a connection between the appellants and the alleged narcotics found in the vehicle. Consequently, the conviction and sentence were set aside, and the appellants were acquitted.
Summary In the case of Sajid Khan and Fazal Ghani vs. The State, the Peshawar High Court addressed an appeal regarding the conviction under the Control of Narcotics Substances Act, 1997. The appellants were accused of possessing a significant quantity of charas, but the prosecution's case was riddled with inconsistencies. Critical evidence, such as witness testimonies and forensic reports, failed to substantiate the allegations. The court scrutinized the prosecution's claims, emphasizing the lack of credible evidence linking the appellants to the narcotics or the vehicle involved. This led to the conclusion that the prosecution did not meet the burden of proof required for a conviction. The decision highlights the importance of reliable evidence in criminal cases, serving as a precedent for future narcotics-related appeals. Keywords include 'narcotics law', 'criminal appeal', and 'high court decision'.
Court Peshawar High Court
Entities Involved Not available
Judges SYED SAJJAD HASSAN SHAH, JUSTICE IMTIAZ ALI
Lawyers Noor Alam Khan, Matiullah Baloch
Petitioners Sajid Khan, Fazal Ghani
Respondents THE STATE
Citations 2011 SLD 1152 = 2011 YLR 1245
Other Citations 2010 SCMR 927, 2020 PCr.LJ 825, 2010 PCr.LJ 360, 1997 SCMR 543, 2005 YLR 605, 2008 SCMR 991, PLD (sic) SC 516, 2010 YLR 561, 2010 PCr.LJ 825, 2010 YLR 1974
Laws Involved Control of Narcotics Substances Act, 1997, Criminal Procedure Code (V of 1898)
Sections 9(c), 382B