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Latest Judgments (All Jurisdictions within Pakistan)

MUHAMMAD YOUSAF VS THE STATE

Citation: PLD 2011 Islamabad 40, PLD 2011 IHC 40

Case No: C.AS Nos. 303 AND 315/2005

Judgment Date: 08-06-2011

Jurisdiction: Islamabad High Court

Judge: Justice Muhammad Anwar Khan Kasi

Summary: Summary pending.

FATEH ULLAH VS NOOR AHMAD

Citation: 2012 CLC 246

Case No: CR No. 624-D/2011

Judgment Date: 08-06-2011

Jurisdiction: Lahore High Court

Judge: Justice Syed Iftikhar Hussain Shah

Summary: Summary pending.

MUHAMMAD KHALID VS STATION HOUSE OFFICER

Citation: 2012 PCrLJ 380

Case No: WP No. 3485-Q/2011

Judgment Date: 08-06-2011

Jurisdiction: Lahore High Court

Judge: Justice Mehmood Maqbool Bajwa

Summary: Summary pending.

MAQBOOL AHMAD VS ADDITIONAL DISTRICT JUDGE

Citation: 2013 YLR 517

Case No: WP No. 21466/2010

Judgment Date: 08-06-2011

Jurisdiction: Lahore High Court

Judge: Justice Nasir Saeed Sheikh

Summary: Summary pending.

Muhammad Yousaf VS The State

Citation: PLD 2011 Islamabad 40

Case No: Criminal Appeal-303-2005

Judgment Date: 8/6/2011

Jurisdiction: Islamabad High Court

Judge: Justice Muhammad Anwar Khan Kasi

Summary: Background: The appellants in this case were convicted under Section 9-C of the Control of Narcotic Substances Act, 1997, by the learned Additional Sessions Judge, Islamabad, for their involvement in the possession and transport of narcotics. On March 18, 2004, Customs Officials intercepted a bus and recovered 60 kg of charas in the form of sleepers and 18 kg of raw charas, which were wrapped in cellophane. After investigation, the appellants were charged, and their trial led to a conviction with a sentence of life imprisonment and a fine. The appellants appealed the conviction, claiming discrepancies in the prosecution’s evidence regarding the collection of samples from the recovered substance. -----Issues: 1- Whether the prosecution's evidence regarding the collection of samples from the recovered narcotics was accurate and consistent. -----2- Whether the appellants’ sentence should be reduced based on the discrepancies in the evidence and their claims of false implication. -----Holding/Reasoning/Outcome: The Islamabad High Court reviewed the case, considering the discrepancy in the prosecution’s procedure for collecting samples from the narcotic substances. The recovered charas was in the form of sleepers, but the sample was taken from the entire sack and not from each individual sleeper, as required for an accurate analysis. This procedural flaw led the Court to doubt the validity of the entire recovery, as strict adherence to the procedural requirements is necessary in narcotic cases under the Control of Narcotic Substances Act, 1997. The Court, while upholding the conviction, reduced the appellants' sentences to the time already served, acknowledging the procedural error. The fine of Rs. 100,000 was upheld, and the benefit of Section 382-B Cr.P.C. was applied, maintaining remission for the time already spent in custody. -----Citations/Precedents: Muhammad Hashim Versus The State (PLD 2004 Supreme Court 856)

Chanar Gull VS The State

Citation: Pending

Case No: Criminal Appeal-315-2005

Judgment Date: 8/6/2011

Jurisdiction: Islamabad High Court

Judge: Justice Muhammad Anwar Khan Kasi

Summary: Background: The appellants were convicted under Section 9-C of the Control of Narcotic Substances Act, 1997 (CNSA, 1997) by the Additional Sessions Judge, Islamabad, in relation to the seizure of narcotics on 18-03-2004. Customs officials, based on secret information, intercepted a bus and recovered a large quantity of charas (60 kg of backed charas and 18 kg of raw charas). The appellants, who were the owner and conductor of the bus, were arrested, while the driver was acquitted. The appellants were sentenced to life imprisonment with a fine of Rs. 1,00,000 each, and in default, six months’ imprisonment. The appellants filed appeals, and one appellant filed a separate appeal challenging the conviction. -----Issues: 1- Whether the prosecution properly followed the legal procedure in collecting and handling the samples of the recovered narcotics. -----2- Whether the discrepancy in the collection of samples affects the credibility of the evidence, and consequently the appellants' conviction. -----3- Whether the sentences imposed under the CNSA, 1997 should be reduced in light of procedural discrepancies. -----Holding/Reasoning/Outcome: --Evidence Collection: The court found a discrepancy in the procedure for collecting the samples of the narcotic substance. The sample was taken from the sacks as a whole, rather than from each individual sleeper of charas. This procedural lapse was significant as the CNSA, 1997, requires strict adherence to the procedure for handling evidence, particularly in drug-related cases. Given this issue, the court found the prosecution's case to be doubtful, as the proper sampling method was not followed. The court relied on a precedent where similar lapses led to the quashing of convictions. --Sentence Modification: The court maintained the conviction of the appellants under Section 9-C of CNSA, 1997 but reduced the sentences to the period already undergone by the appellants due to the procedural shortcomings in evidence collection. The fine of Rs. 1,00,000 each was upheld, with the appellants facing additional imprisonment of six months in case of default. --Presumption and Justice: The court emphasized the importance of following strict procedures in narcotic cases to ensure the integrity of the evidence. The discrepancy in the sampling process resulted in a modified sentence, reflecting the court's judgment that the appellants' sentences should not be as severe given the lack of full procedural compliance by the prosecution. -----Citations/Precedents: Muhammad Hashim Versus The State (PLD 2004 Supreme Court 856): The court relied on this precedent to support its decision that failure to follow proper procedures in drug cases can render the prosecution’s case doubtful.

KHALID RASHEED ETC. VS F.O.P. ETC.

Citation: 2011 LHC 4157, 2011 MLD 1532

Case No: Writ Petition No.2037 of 2010

Judgment Date: 08/06/2011

Jurisdiction: Lahore High Court

Judge: Justice Muhammad Ameer Bhatti

Summary: Exit from Pakistan (Control) Ordinance (XLVI of 1981)-------Si 3---Constitution of Pakistan, Arts. 4, 9 & 199---Constitutional petition---Placing nameof petitioner on Exit Control List (ECL) due to investigation being conducted by AntiCorruption Establishment into allegations of massive corruption levelled against him---Validity---Placing of petitioner's name on ECL would amount to interference in his libertyand movement during pendency of such investigation, which was against fundamental rightsas guaranteed by the Constitution---High Court directed authority to remove petitioner' namefrom ECL.Mian Ayaz Anwar v. Federation of Pakistan through Secretary Interior and 3 others PLD 2010Lah. 230 rel.

RIAZ JAFAR NATIQ VS MUHAMMAD NADEEM DAR

Citation: 2011 SCMR 1708

Case No: CRIMINAL PETITION NO. 347-L OF 2011

Judgment Date: 08/06/2011

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Mian Saqib Nisar

Summary: Bail granted --- Where a case fell within non-prohibitory clause the concession of granting bail must be favourably considered and should only be declined in exceptional cases. ---- Brief facts, petitioner had issued cheque of 20million which was dishonoured. Bail was granted in circumstances. Reliance: 2009 SCMR 1488

Messrs UNITED FOAM INDUSTRIES (PVT) LTD through Chairman and anothers vs Messrs JOY FOAM (PVT) LTD through Chief Executive and 6 others

Citation: 2016 CLD 2325

Case No: C.O. No. 52/2010

Judgment Date: 07/06/2011

Jurisdiction: Lahore High Court

Judge: Shahid Karim, J

Summary: Summary pending

ABDUL HAFEEZ and otherss/s vs DISTRICT COORDINATION OFFICER CHOTKI AT MIRPUR MATHELO and others

Citation: 2017 PCrLJ 1067

Case No: Crl. Misc. Applications Nos. 589/2010

Judgment Date: 07/06/2011

Jurisdiction: Sindh High Court

Judge: Aqeel Ahmed Abbasi and Muhammad Faisal Kamal Alam, JJ

Summary: Summary pending

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