| Case ID |
d706e1ab-5d9e-4e7e-866a-f5225f7ea58d |
| Body |
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| Case Number |
Criminal Appeal No. 61 of 2011 |
| Decision Date |
Sep 13, 2011 |
| Hearing Date |
May 05, 2011 |
| Decision |
The Peshawar High Court acquitted Azmat Khan, reversing the conviction and sentence imposed by the trial court under section 9(c) of the Control of Narcotic Substances Act, 1997. The court found substantial doubts in the prosecution's case, noting that the search warrant was issued based on prior information but failed to include essential details about the alleged narcotics activities. Furthermore, the prosecution did not effectively demonstrate ownership of the property searched, and key evidence, including the handling and sealing of the recovered narcotics, was lacking. The judgment emphasized the importance of a fair trial and the presumption of innocence, ultimately ruling that the prosecution's case was not proven beyond a reasonable doubt. |
| Summary |
In the case of Azmat Khan vs. The State, the Peshawar High Court examined the evidence surrounding a conviction for narcotics possession under the Control of Narcotics Substances Act, 1997. The appellant was accused of possessing 1100 grams of charas. The court scrutinized the procedures followed during the raid, noting that the police did not involve local witnesses, which raised doubts about the legitimacy of the evidence. Furthermore, the evidence regarding the sealing of the narcotics was found to be inadequate, as the charas was not sealed at the time of recovery and was instead sealed later, leading to questions about its integrity. The case highlighted issues related to the procedural conduct of law enforcement and the rights of defendants in drug-related cases. The court ultimately ruled in favor of the accused, reinforcing the principle that in criminal law, the benefit of doubt must be afforded to the accused. This case underscores the judicial system's role in safeguarding rights and ensuring that convictions are based on reliable and substantiated evidence. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Miftah-ud-Din Khan,
Khalid Mehmood Khan,
Azmat Khan
|
| Lawyers |
Sultan Sheharyar Khan Marwat,
A.A.G.
|
| Petitioners |
Azmat Khan
|
| Respondents |
The State
|
| Citations |
2012 SLD 886,
2012 YLR 494
|
| Other Citations |
2011 PLD Pesh. 152,
2001 PCr.LJ 1762,
2007 PCr.LJ 129
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
340(2),
342
|