| Case ID |
fffd0499-79ad-4824-bdc2-186e2ef21bf5 |
| Body |
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| Case Number |
Criminal Appeal No. 670 of 2020 |
| Decision Date |
Apr 26, 2022 |
| Hearing Date |
Apr 26, 2022 |
| Decision |
The appeal was allowed. The judgment of the Peshawar High Court, which had dismissed the appellant's appeal and maintained his conviction under section 9(c) of the Control of Narcotic Substances Act, 1997, was set aside. The Supreme Court found that the prosecution failed to establish safe custody and safe transmission of the narcotics samples, as the relevant officers were not produced as witnesses. This defect created reasonable doubt about the prosecution's case, leading to the acquittal of the appellant, Hussain Khan, by giving him the benefit of doubt. He was ordered to be released from jail forthwith, provided he was not required in any other case. |
| Summary |
In the landmark case 'Hussain Khan vs The State', the Supreme Court of Pakistan overturned a previous conviction under the Control of Narcotic Substances Act, 1997, due to significant lapses in the prosecution's case, particularly regarding the safe custody and transmission of evidence. The appellant, Hussain Khan, was initially sentenced to life imprisonment by the trial court, a decision upheld by the Peshawar High Court. However, upon reappraisal, the Supreme Court highlighted the absence of crucial testimonies from officers responsible for handling the narcotics samples, which remained unaccounted for a critical period. This oversight, coupled with the lack of plausible explanation regarding the samples' whereabouts, led the court to grant the appellant the benefit of doubt, emphasizing the necessity of establishing guilt beyond reasonable doubt. The decision underscores the judiciary's commitment to procedural integrity and the protection of defendants' rights, marking a significant moment in Pakistan's legal landscape. Notably, this case references multiple precedents where similar lapses led to acquittals, reinforcing the judiciary's stance on evidentiary standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL,
SARDAR TARIQ MASOOD
|
| Lawyers |
Zahid Yousaf Qureshi, Additional A.G. Khyber Pakhtunkhwa for the State.,
Syeda B.H. Shah, Advocate Supreme Court (at State expense),
Arshad Hussain Yousafzai, Advocate Supreme Court for Appellant.
|
| Petitioners |
HUSSAIN KHAN
|
| Respondents |
The STATE
|
| Citations |
2022 SLD 2287,
2022 SCMR 1660
|
| Other Citations |
Qaiser Khan v. The State through Advocate-General, Khyber Pakhtunkhwa Peshawar 2021 SCMR 363,
Mst. Razia Sultana v. The State and another 2019 SCMR 1300,
The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039,
Ikramullah and others v. The State 2015 SCMR 1002,
Amjad Ali v. The State 2012 SCMR 577
|
| Laws Involved |
Control of Shipping Act, 1947,
Control of Narcotic Substances Act, 1997
|
| Sections |
9(c),
9(c)
|