| Case ID |
e2b6475b-eb70-4b4b-89d4-f2ff4ccec18c |
| Body |
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| Case Number |
Criminal Appeal No. 84-J of 2016 |
| Decision Date |
Dec 19, 2016 |
| Hearing Date |
Dec 19, 2016 |
| Decision |
The Lahore High Court accepted the appeal filed by Muhammad Aslam and set aside the judgment dated 13.05.2016, which had convicted him under section 9(c) of the Control of Narcotic Substances Act, 1997. The court found that the trial court failed to provide a fair opportunity for the appellant to defend himself, particularly the right to cross-examine prosecution witnesses. The case was remanded back to the trial court with directions to ensure the appellant is afforded the opportunity to appoint counsel at the state's expense if he cannot afford one, thereby upholding the fundamental rights provided under Article 10-A of the Constitution of Pakistan. |
| Summary |
In the case of Muhammad Aslam vs The State, the Lahore High Court addressed critical issues surrounding the rights of the accused under the Criminal Justice system in Pakistan. The appellant was convicted for possession of narcotics under the Control of Narcotics Substances Act, 1997, specifically section 9(c). This case emphasized the importance of the right to a fair trial, particularly the right to cross-examine witnesses, which is a fundamental aspect of due process. The court highlighted that the trial court's failure to appoint a defense counsel for the appellant, especially when the accused had not engaged one, constituted a violation of his rights as per Article 10-A of the Constitution of Pakistan. This ruling reinforces the necessity of ensuring that all accused individuals have access to legal representation, and it serves as a reminder of the judicial system's obligations to uphold the principles of justice and fairness. The decision to remand the case back to the trial court underscores the court's commitment to rectifying procedural injustices and ensuring that the rights of the accused are protected throughout legal proceedings. This case is significant for its implications on the legal rights of defendants in criminal cases and sets a precedent for future cases involving the right to counsel and due process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD KAZIM RAZA SHAMSI,
ASJAD JAVAID GHURAL,
MUHAMMAD ASLAM
|
| Lawyers |
Muhammad Akbar Sajid Chaudhary,
Muhammad Ali Shahab
|
| Petitioners |
Muhammad Aslam
|
| Respondents |
The State and Others
|
| Citations |
2017 SLD 2713 = 2017 PCRLJ 1264
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Constitution of Pakistan, 1973,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
9(c),
10-A,
133,
151
|