| Case ID |
d869c7d8-f86d-4775-afba-27157a1fc53e |
| Body |
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| Case Number |
Crl. Appeal No. 5981 of 2019 |
| Decision Date |
May 09, 2019 |
| Hearing Date |
|
| Decision |
The appeal was allowed due to the failure of the prosecution to prove the safe custody and unbroken chain of the sample of narcotics. The court found discrepancies in the testimonies regarding the handling of the recovered narcotics and emphasized the necessity of proving safe custody as a critical element in narcotics cases. The appellant was acquitted of the charges due to the prosecution's inability to establish its case beyond a reasonable doubt. |
| Summary |
This case revolves around the appeal filed against a conviction under the Control of Narcotics Substances Act, 1997. The appellant was convicted for possession of narcotics, specifically charas, following a police raid. The court highlighted significant issues regarding the evidence presented, particularly the handling and custody of the narcotics samples. It was determined that the prosecution failed to provide an unbroken chain of custody for the evidence, which is crucial in narcotics cases. The decision underscores the importance of adhering to proper procedures in criminal investigations, particularly in drug-related offenses. Keywords related to drug possession law, legal appeal processes, and evidence handling in narcotics cases are trending and relevant for legal practitioners and scholars. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AALIA NEELUM,
FAROOQ HAIDER,
MUHAMMAD NAWAZ
|
| Lawyers |
Muhammad Parvez Akhtar Kamoka,
Muhammad Waqas Anwar
|
| Petitioners |
Muhammad Parvez Akhtar Kamoka
|
| Respondents |
THE STATE AND OTHERS,
Muhammad Waqas Anwar
|
| Citations |
2019 SLD 1938,
2019 MLD 1574
|
| Other Citations |
Maula Jan v. The State 2014 SCMR 862,
The State through Regional Director ANF v. Imam Bakhsh 2018 SCMR 2039,
Abdul Ghani and others v. The State and others 2019 SCMR 608
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
161,
342,
382B
|