State vs Mahfia Kausar Ss — 2025 PCrLJ 2001 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 PCrLJ 2001 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: PCRLJ
Parties: State vs Mahfia Kausar Ss
Subject matter: Criminal
Provisions referred to: S. 48; Limitation Act (IX of 1908); Narcotic Substances Act; Limitation 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

State VS Mahfia Kausar Ss. 9(2), Sr. No.(6) & 48---Limitation Act (IX of 1908), First Sched., Arts. 155 & 157---Appeal filing of---Limitation---Scope--- Possession of narcotic substances---Acquittal of accused person by Special Court---Appeal against acquittal filed before the High Court---Appeal under S. 48 of the Control of Narcotic Substances Act, 1997,is required to be filed within 60 days from the date of judgment in terms of Art. 155 of limitation Act, 1908---Prosecution case was that 02-kilograms Ice was recovered from the possession of accused-appellant---In this case, the impugned judgment was announced on 11.09.2024---Certified copy submitted with the appeal indicated that it was requested on 11.09.2024; was prepared on 18.09.2024; and was delivered on the same day---Appeal was filed on 19.11.2024, whereas it should have been submitted on or before 18.11.2024; thus, appeal was admittedly not within time---Legal position was that an appeal under S.48 of the Act, 1997, against the findings of the Special Court before the High Court was required to be filed within sixty (60) days from the date of judgment in terms of Art.155 of the Limitation Act, 1908---Lapse of time is sufficient, in criminal matters, to protect a person who has been acquitted against further judicial process---Therefore, the appeal also merits dismissal on the ground of limitation---Criminal acquittal appeal was dismissed in limine.

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