| Case ID |
e1547d2d-8bcb-4640-8d2b-33dcf0d56810 |
| Body |
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| Case Number |
Criminal Appeal No. 479 of 2009 |
| Decision Date |
Jun 21, 2010 |
| Hearing Date |
Jun 21, 2010 |
| Decision |
The appeal was allowed, and the conviction and sentence of the appellant Taj Akbar were set aside. He was acquitted of all charges and ordered to be released forthwith. The court found that the prosecution had failed to prove its case beyond reasonable doubt, particularly due to contradictions in witness testimonies and insufficient evidence linking the appellant to the possession of narcotics. |
| Summary |
In the case of Taj Akbar vs. The State, the Peshawar High Court addressed significant issues regarding the Control of Narcotics Substances Act, 1997. The appellant, Taj Akbar, was initially sentenced to 25 years of rigorous imprisonment for possession of narcotics. However, upon appeal, the court found critical flaws in the prosecution's case, including contradictions among key witnesses and the failure to produce the vehicle from which narcotics were allegedly recovered. The court emphasized that mere presence in a vehicle does not equate to conscious possession of narcotics without evidence of knowledge or control. Ultimately, the court acquitted the appellant, underscoring the importance of upholding justice and ensuring that convictions are based on solid evidence rather than assumptions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Syed Sajjad Hussain Shah,
Imtiaz Ali
|
| Lawyers |
Noor Alam Khan,
Miss Suraya Jabeen
|
| Petitioners |
Taj Akbar
|
| Respondents |
The State
|
| Citations |
2011 SLD 3026,
2011 PCRLJ 90
|
| Other Citations |
Nek Muhammad and another v. State (PLD 1995 SC 516),
Sarwar v. State (2003 PCr.LJ 1387)
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Qanun-e-Shahadat (10 of 1984),
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
937,
164
|