MUHAMMAD SHAHID vs State S — 2022 PCrLJ 1492 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 1492 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD SHAHID vs State S
Subject matter: Criminal
Provisions referred to: S. 29---P; S. 29; Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SHAHID VS State S. 29---Presumption from possession of illicit articles---Scope---Negative language is couched in S. 29 of Control of Narcotic Substances Act, 1997, and if examined with casual approach it implies that the primary burden to disprove the allegations rests upon the shoulders of accused which is not correct exposition of law---Primary onus is on prosecution to prove its case and such burden includes the obligation to establish a strong and undeniable nexus between the recovered substance and the accused facing trial---Only the success of prosecution in establishing a tie between the recovered substance and accused will bring in action S. 29 of Control of Narcotic Substances Act, 1997.

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2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State Ss. 344 & 497---Penal Code (XLV of 1860), Ss. 295-B, 298-C, 120-B, 34 & 109---prevention of electronic Crimes Act (XL o…
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