| Case ID |
d6fd5ccc-d855-4862-8410-2345991f490e |
| Body |
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| Case Number |
Crl. Bail Appl. No. 596 of 2006 |
| Decision Date |
Aug 30, 2006 |
| Hearing Date |
|
| Decision |
The Sindh High Court quashed the proceedings against co-accused Altaf alias Bhago due to lack of evidence connecting him to the narcotics case. The court highlighted that the only allegation against Bhago was that he ran away upon seeing the police, which is not sufficient to establish guilt. The court emphasized the need for fair investigations by the police and warned against the arbitrary use of police powers. The court granted bail to the applicant, Sayed Ghulam Mustafa, after finding that he was falsely implicated and there were no reasonable grounds for believing him guilty. The decision underscored the importance of collecting sufficient evidence before arraigning individuals, to prevent wrongful detention and uphold justice. |
| Summary |
The case revolves around the bail application of Sayed Ghulam Mustafa, who was charged under the Control of Narcotic Substances Act. The court critically examined the evidence presented, highlighting the lack of credible witnesses and the reliance on police testimony that was contradicted by superior officers. The judges stressed the importance of fair investigations and cautioned against the misuse of police authority, which often leads to wrongful accusations and prolonged trials. The ruling serves as a reminder of the legal protections against double jeopardy and the necessity of substantial evidence in criminal proceedings. This case emphasizes the need for reform in policing practices and judicial oversight to ensure justice is served without prejudice, making it relevant in discussions about criminal law and human rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Sarmad,
Jalal Osmany,
Ali Sain Din Metlo
|
| Lawyers |
Mr. Farooq H. Naik,
Adnan Karim,
Mr. Habib Ahmed
|
| Petitioners |
Sayed Ghulam Mustafa
|
| Respondents |
STATE
|
| Citations |
2007 SLD 3046,
2007 PLJ 229
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code, 1898,
Control of Narcotic Substances Act, 1997,
Pakistan Penal Code, 1860
|
| Sections |
497,
561-A,
403,
156,
551,
9(c),
25,
194
|