| Citation(s) |
|---|
| 2026 SLD 3479 |
Islamabad High Court
Crl. Appeal No.124 of 2021
Presented By: (MIANGUL HASSAN AURANGZEB) JUDGE (ARBAB MUHAMMAD TAHIR) JUDGE
Appellant By : Muhammad Ilyas Khan, Advocate. State By : Malik Aneeq Ali Khitana, State Counsel with Mr Riaz Hussain S.I. Police Station Lohi Bher, Islamabad. Date of Hearing : 01.02.2023
Crl. Appeal No.124 of 2021
Presented By: (MIANGUL HASSAN AURANGZEB) JUDGE (ARBAB MUHAMMAD TAHIR) JUDGE
Appellant By : Muhammad Ilyas Khan, Advocate. State By : Malik Aneeq Ali Khitana, State Counsel with Mr Riaz Hussain S.I. Police Station Lohi Bher, Islamabad. Date of Hearing : 01.02.2023
Muhammad Shah
VERSUS
The State
Law: Control of Narcotic Substances Act, 1997
Section: 9(c), 47, 48
Law: Code of Criminal Procedure, 1898
Section: 173, 342, 366, 367, 382-B, 537
Law: Constitution of Pakistan 1973
Section: 10-A
Summary
The appellant was convicted by the Special Court (CNS) for possessing 5264 grams of heroin and 135 grams of opium and sentenced to 10 years' rigorous imprisonment with fines.
Before the Islamabad High Court, the appellant did not primarily challenge the recovery but argued that the trial court's judgment was legally defective because it lacked proper reasoning and failed to comply with the mandatory requirements of Section 367 Cr.P.C.
The High Court examined the judgment and found serious defects. It observed that: