| Case ID |
ffe6a7e1-0547-4872-89ac-7ce7f2679f97 |
| Body |
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| Case Number |
Criminal Appeal No. 495-P of 2019 |
| Decision Date |
Mar 15, 2022 |
| Hearing Date |
Mar 15, 2022 |
| Decision |
The court allowed the appeal against conviction due to the prosecution's inability to prove its case beyond a shadow of a doubt. The evidence presented, including the handling and analysis of the narcotics, was found to be inconsistent and unreliable. Key issues included the delay in sending samples for chemical analysis, lack of credible witnesses regarding the safe custody of the evidence, and inconsistencies in witness testimonies. The prosecution failed to establish a trustworthy narrative that would uphold the convictions. |
| Summary |
In the case of Muhammad Saeed vs. The State, the Peshawar High Court evaluated the prosecution's evidence under the Control of Narcotics Substances Act, 1997. Key issues included the recovery of fifty kilograms of charas from the accused's vehicle and the subsequent handling of that evidence. The court scrutinized the prosecution's procedures, noting significant delays in sample analysis and a lack of witness corroboration regarding the safe custody of the narcotics. Ultimately, the court found that the prosecution had not met its burden of proof, leading to the appeal's success. This case emphasizes the critical importance of procedural integrity in narcotics cases and the standards required for conviction. The decision reflects ongoing concerns about the handling of evidence in drug-related prosecutions, which remains a vital topic in criminal law debates today. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ROOH-UL-AMIN KHAN,
MOHAMMAD IBRAHIM KHAN
|
| Lawyers |
Farhana Naz Marwat,
Shabina Noor,
Mujahid Ali Khan
|
| Petitioners |
MUHAMMAD SAEED
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 882 = 2023 MLD 373
|
| Other Citations |
2021 SCMR 492,
2021 SCMR 363,
2021 SCMR 451,
2020 YLR 311,
2019 SCMR 608,
2019 SCMR 2004,
2019 SCMR 1217
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c)
|