| Case ID |
738af6b5-86d7-4f04-bf77-fb2e8a0be8a9 |
| Body |
View case body. Login to View |
| Case Number |
Crl. A No. 173-M of 2022 |
| Decision Date |
Dec 08, 2022 |
| Hearing Date |
Dec 08, 2022 |
| Decision |
The appeal filed by Malak Aman against the conviction and sentence imposed by the Additional Sessions Judge was dismissed. The court found that the prosecution successfully proved the charge against the appellant for the possession of a significant quantity of charas (6000 grams), with adequate evidence regarding the recovery and chain of custody. The court noted that while minor discrepancies were present, they did not undermine the overall reliability of the prosecution's case. The presence of the law enforcement officers during the recovery was deemed sufficient, and the court upheld the conviction under the Khyber Pakhtunkhwa Control of Narcotic Substances Act. |
| Summary |
In the case of Malak Aman vs. State, the Peshawar High Court reviewed the conviction of the appellant under the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019. The appellant was found guilty of possessing 6000 grams of charas, with evidence indicating that the narcotics were recovered from a Datsun pick-up driven by him. The court evaluated the legal standards for evidence in narcotics cases, emphasizing the credibility of police testimony and the proper chain of custody for the seized drugs. The ruling reiterated that compliance with certain procedural requirements is not mandatory in narcotics cases, thereby solidifying the conviction based on the evidence presented. The court also noted the importance of the presence of law enforcement during the recovery process, which added credibility to the prosecution's case. Overall, the decision highlighted the court's commitment to upholding the law regarding narcotics control while balancing the rights of the accused. Key terms include narcotics control, conviction, police testimony, evidence chain, and legal standards. |
| Court |
Peshawar High Court, Mingora Bench
|
| Entities Involved |
Not available
|
| Judges |
Dr. Khurshid Iqbal
|
| Lawyers |
Mr. Aziz-ur-Rahman,
Mr. Saeed Ahmad
|
| Petitioners |
Malak Aman
|
| Respondents |
State
|
| Citations |
2024 SLD 4187,
2024 PLJ 111
|
| Other Citations |
2022 SCMR 905,
2022 SCMR 1097
|
| Laws Involved |
Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019
|
| Sections |
9(d)
|