| Case ID |
e0b5642f-ee1a-454c-9b37-fd3adb1c95e7 |
| Body |
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| Case Number |
Criminal Appeal No. 238 of 2000 |
| Decision Date |
Aug 15, 2001 |
| Hearing Date |
|
| Decision |
The court found that the prosecution failed to establish that the seized tablets were unregistered drugs, as no documentary evidence was provided to support the claim. Consequently, the conviction and sentence under section 27(1)(a) of the Drugs Act, 1976 were set aside, and the accused was acquitted of the charges. The appeal was successful based on the lack of proof regarding the nature of the drugs involved in the case. |
| Summary |
In the case of Criminal Appeal No. 238 of 2000, the Quetta High Court reviewed the conviction of Haji Faqirullah, who was accused of selling unregistered drugs from his medical store. The Drug Inspector had seized seventy tablets of a drug named 'Zinetic' but failed to provide adequate evidence to prove that these tablets were indeed unregistered. The court emphasized the importance of documentary evidence in drug-related cases, particularly under the Drugs Act, 1976. The lack of such evidence led to the conclusion that the prosecution did not meet its burden of proof, resulting in the acquittal of the accused. This case highlights the critical nature of evidence in criminal proceedings related to drug offenses, reinforcing the legal principle that mere assertions without supporting documentation cannot establish criminal liability. Keywords: Drugs Act, unregistered drugs, legal evidence, acquittal, criminal appeal. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Mahmood, Justice,
Raja Fayyaz Ahmed, Chief Justice
|
| Lawyers |
Ghulam Mustafa Butt,
Ghulam Mustafa Mengal
|
| Petitioners |
Haji Faqirullah
|
| Respondents |
Saud Hassain, Drug Inspector
|
| Citations |
2002 SLD 832,
2002 PCRLJ 297
|
| Other Citations |
Not available
|
| Laws Involved |
Drugs Act, 1976
|
| Sections |
27(1)(a)
|