| Case ID |
67d4f112-e559-4c73-b97e-057e79d3e1ce |
| Body |
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| 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
|