2019 PLP 1102 (SCMR)
STATE through Deputy Attorney General — Appellant Versus ABDUL ALI — Respondent
| Citation | 2019 PLP 1102 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ |
| Parties | STATE through Deputy Attorney General — Appellant Versus ABDUL ALI — Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2019 PLP 1102 (SCMR)?
This judgment primarily cites: Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP 1102 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 1102 (SCMR) (STATE through Deputy Attorney General — Appellant Versus ABDUL ALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Manzoor Khan Khalil, Additional Advocate-General, Khyber Pakhtunkhwa and Tariq Khan, Advocate Supreme Court for Appellant.
- Noor Alam Khan, Advocate Supreme Court for Respondent.
Headnotes / Summary
(Against the judgment dated 23.01.2007 passed by the Peshawar High Court, Peshawar in Criminal Appeal No. 632 of 2005).
S. 9(c)
Accused was allegedly apprehended at a police check post and found in possession of 17 kilograms of opium
High Court acquitted the accused
Held, that there was no explanation provided for the discrepancy between the date of accused's arrest and his remission into police custody for registration of criminal case
Furthermore the contradictions in the statements of two of the prosecution witnesses were not trivial
Charge against the accused was not free from doubt
Appeal against acquittal of accused was dismissed accordingly.
Judgment & Decree
Abdul Ali, respondent was returned a guilty verdict by learned Judge, Special Court (CNS), Peshawar; he was indicted for being in possession of seventeen kilograms of opium at an FC check post. The learned Peshawar High Court, however, acquitted him from the charge vide impugned judgment dated 23.1.2007, vires whereof are being challenged by the State. It is argued that there was no occasion for the learned High Court to acquit the respondent in the face of overwhelming evidence, singularly pointed on respondent's culpability when intercepted with huge quantity of contraband that cannot be conceivably foisted upon him. Forensic evidence confirming the narcotic character of the contraband his next argument is to seek reversal of the impugned judgment. Quantity of contraband notwithstanding, view taken by the learned High Court to acquit the respondent is neither artificial nor perverse inasmuch as discrepancy between the stated date of respondent's arrest and his remission into police custody for registration of a criminal case sans any plausible explanation. Contradictions in the statements of Mir Badshah Khan, PW-3 and Sabz Ali, PW-4 in the above backdrop cannot be received as trivial and thus it is rightly held that the local police and FC personnel, being out of tune, the charge against the respondent is not free from doubt. Impugned view being a possible rendition warrants no interference. Appeal is dismissed. MWA/S-17/SC Appeal dismissed.