| Case ID |
f7a19174-b9fc-4cdf-852f-a36b597b6338 |
| Body |
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| Case Number |
Crl. As. Nos. 197 and 198 of 2022 |
| Decision Date |
May 08, 2023 |
| Hearing Date |
May 08, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the appeals filed by Said Wazir and Sahar Khan against their conviction and sentence under the Control of Narcotic Substances Act, 1997. The court found that the prosecution failed to establish safe custody and transmission of the narcotics seized, which included 30 kilograms of Charas, 6 kilograms of Opium, and 3 kilograms of Heroin. The prosecution's inability to produce key witnesses, including the Moharrar and the concerned constable, led to reasonable doubt regarding the integrity of the evidence presented. Consequently, the appellants were acquitted of the charges and ordered to be released immediately if not required in any other case. |
| Summary |
This case revolves around the appeals filed by Said Wazir and Sahar Khan against their conviction under the Control of Narcotic Substances Act, 1997 for possession of significant quantities of narcotics. The Supreme Court highlighted critical procedural lapses during the trial, particularly the absence of key witnesses that undermined the prosecution's case. It emphasized the importance of establishing safe custody and transmission of seized narcotics to uphold the integrity of the legal process. The outcome of this case is crucial for future narcotics-related prosecutions, reinforcing the necessity for robust evidence and adherence to legal standards. Keywords: Narcotics law, acquittal, Supreme Court, legal procedure, evidence integrity, criminal appeal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Amin-ud-Din Khan,
Muhammad Ali Mazhar
|
| Lawyers |
Arshad Hussain Yousafzai,
Syed Rifaqat Hussain Shah,
Farhana Naz Marwat,
Aisha Tasneem
|
| Petitioners |
Said Wazir,
Sahar Khan
|
| Respondents |
STATE
|
| Citations |
2024 SLD 4727,
2024 PLJ 29
|
| Other Citations |
2021 SCMR 363,
2019 SCMR 1300,
2018 SCMR 2039,
2015 SCMR 1002,
2012 SCMR 577
|
| Laws Involved |
Control of Narcotic Substances Act, 1997
|
| Sections |
9(c),
15
|