| Citation(s) |
|---|
| 2025 SLG 1644 2025 SLD 1644 = 2025 SHC 1643 |
Special Crl. Appeal No.D-71 of 2023
Mr. Justice Khadim Hussain Tunio,J Mr. Justice Ali Haider ‘Ada’,J.
Appellant Yousif Khan : Through Mr. Shafique Ahmed Laghari. Advocate. State. : Through Mr. Muhammad Raza Katohar, Deputy Prosecutor General Sindh.
Law: Control of Narcotic Substances Act, 1997
Section: 9(c), 25
Law: Code of Criminal Procedure, 1898
Section: 342, 382-B
Law: Police Rules, 1934
Section: 22.49
SUMMARY
The appellant, Abdul Jabbar, was convicted by the Sessions Judge/Special Judge (CNS) Sukkur under Section 9(c) of the Control of Narcotic Substances Act, 1997 for possession of 2025 grams of charas and sentenced to nine years’ rigorous imprisonment and a fine. On appeal, the High Court found significant discrepancies and procedural lapses in the prosecution’s case, including contradictions in witness testimonies, lack of independent witnesses, improper documentation of the chain of custody, and failure to follow mandatory procedures for safe custody and transfer of the seized narcotics. The Court held that these lapses created reasonable doubt, entitling the accused to the benefit of doubt. The conviction was set aside and the appellant was acquitted.
CORE POINTS
Arrest and Recovery: The appellant was arrested with 2025 grams of charas; recovery was made in the presence of police witnesses only.
Trial Proceedings: The prosecution relied on police witnesses and documentary evidence; the accused denied the allegations and claimed false implication.