| Case ID |
fc9715b7-07be-400b-80bc-b61649a988cd |
| Body |
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| Case Number |
Crl. A. No. 484 of 2017 |
| Decision Date |
Jan 14, 2019 |
| Hearing Date |
Jan 14, 2019 |
| Decision |
The Lahore High Court allowed the appeal filed by Ahmed Khan @ Ahmed Qais and Awais Khan, acquitting them of the charges under the Control of Narcotics Substances Act, 1997. The court found that the prosecution's case was significantly weakened due to the absence of the complainant, Inspector ANF Shakeel Ahmed, in court, which was deemed fatal to the prosecution's case. The evidence presented, including CCTV footage and witness testimonies, raised substantial doubts about the credibility of the prosecution's narrative. Consequently, the appellants were granted the benefit of doubt and were acquitted of all charges, leading to their release from custody. |
| Summary |
In the case of Ahmed Khan @ Ahmed Qais vs. State, the Lahore High Court addressed significant legal issues regarding the burden of proof in narcotics cases under the Control of Narcotics Substances Act, 1997. The court emphasized the principle that the prosecution must establish its case beyond a reasonable doubt. The absence of the key complainant during the trial severely undermined the prosecution's case, as it did not allow for the necessary cross-examination of crucial evidence. The judgment underscored the importance of the right to a fair trial and the presumption of innocence in criminal proceedings. The court's ruling aligns with established legal precedents that prioritize the protection of innocent individuals from wrongful convictions. This case highlights the critical role of procedural integrity in the administration of justice and serves as a reminder of the judicial system's commitment to upholding the rights of the accused. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD TARIQ ABBASI,
RAJA SHAHID MEHMOOD ABBASI
|
| Lawyers |
Raja Aamir Abbas, Advocate,
Syed Intikhab Hussain Shah, Special Prosecutor ANF
|
| Petitioners |
AHMED KHAN @ AHMED QAIS,
|
| Respondents |
STATE,
|
| Citations |
2019 SLD 980,
2019 PLJ 320
|
| Other Citations |
1995 SCMR 1345,
PLD 2002 SC 1048
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
9-C,
14,
15,
340(2),
342,
382B
|