ABDUL MANAN and another vs THE STATE
This matter arises from a petition for leave to appeal filed by the driver and cleaner of a vehicle who were held guilty of an offence involving narcotics recovered from the last seat of a vehicle carrying numerous other passengers. The core legal question concerns the propriety of the conviction and the necessity to reappraise the evidence regarding the possession and recovery of narcotics in a public transport vehicle. The Supreme Court of Pakistan granted leave to appeal to reappraise the entire evidence to ensure the safe administration of criminal justice. The key principle laid down is that leave to appeal will be granted for a comprehensive reappraisal of evidence in criminal cases where the recovery of contraband from a vehicle shared with multiple passengers raises questions of safe administration of justice and individual culpability.
- Whether leave to appeal can be granted to reappraise the entire evidence in a criminal case involving the recovery of narcotics from a vehicle carrying multiple passengers?
- Does the recovery of narcotics from the last seat of a vehicle carrying numerous passengers necessitate a reappraisal of evidence for the driver and cleaner?
ORDER
' It is, inter alia, contended by learned counsel for the petitioners that petitioners who were driver and cleaner, were held guilty for the offence whereas the alleged narcotics were recovered from the last seat of vehicle in which 35 passengers beside petitioners were alighted.
2. Accordingly, leave to appeal is granted to reappraise the entire evidence for safe administration of criminal justice. Since short point is involved as such the appeal be fixed in the first week of February, 2009.