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June 20, 2019

PHC quashes 10-year sentence to drug convict

Peshawar

June 20, 2019

PESHAWAR: The Peshawar High Court (PHC) on Wednesday quashed 10-year conviction of a man in narcotics case for lack of investigation.A division bench comprising Justice Ishtiaq Ibrahim and Justice Abdul Shakoor acquitted Jamal, a resident of the Takhtbhai tehsil of the Mardan district, in narcotics case after hearing arguments from both sides.

During the course of arguments, Asad Khan Muhammadzai, counsel for the convict, submitted that the police arrested the convict on April 21, 2017, on charges of carrying 10kg charas.

He said the subordinate court on November 5, 2018, awarded 10 years jails and fine of Rs50,000 to the convict.

The counsel submitted that the convict was driving a car during the arrest. He submitted that the prosecution did not examine the Moharrir and the constable, who took samples to the FSL for the analysis report of the charas.

The counsel pointed out that according to the Supreme Court verdict, when the chain could not be completed in a narcotics case, the benefits go to the convict or accused. He requested the court to acquit the accused as the investigation in the case was incomplete. The state lawyer opposed acquittal in the case. However, he failed to satisfy the court about an incomplete chain of evidence and statement of official witnesses.

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