Drug convict Imran Khan, also known as King Khan, is appealing his conviction and sentencing.
Khan was convicted of unlawfully possessing 4.1364 grams of methamphetamine and sentenced to four years and three months’ imprisonment by Magistrate Yogesh Prasad.
His counsel Shayal Kant told the court that there are 30 grounds of appeal.
They are arguing that Magistrate Yogesh Prasad made errors of fact, law and procedure.
The main grounds of appeal are that the prosecution failed to prove beyond reasonable doubt that Khan possessed, knew about or controlled the alleged illicit drugs, particularly because key evidence relating to the ownership and registration of vehicle IV 991 was not produced.
They also argue that the Magistrate failed to properly consider other occupants of the vehicle, the police seizure and subsequent search of the vehicle, the validity and scope of the search warrant, and the continuity and reliability of the evidence.
They further claim the Magistrate failed to adequately consider the defence case and material submissions, did not properly resolve conflicts in the evidence, and refused to hear an application to reopen the defence case based on fresh evidence before sentencing, which Khan says resulted in procedural unfairness and a miscarriage of justice.
The appeal also challenges the sentence as manifestly excessive, alleging that the Magistrate failed to properly apply the sentencing principles under the Sentencing and Penalties Act 2009.
Kant has also indicated that she will be filing a bail pending appeal for Khan.
The matter has been adjourned to the 28th of this month to check on the Magistrates Court’s transcript and hear the motion for bail pending appeal.
