The case of Zahid Sarfaraz Gill v. The State (2024 SCMR 934) involves a petition for bail in a narcotics case. The Supreme Court of Pakistan granted bail, focusing on the lack of evidence in the form of video recordings or photographs during the arrest and seizure. The petitioner, Zahid Sarfaraz Gill, was accused of possessing 1833 grams of charas under the Control of Narcotic Substances Act, 1997. His defense argued that the arrest was a result of malice, as no independent witnesses were present, and the police failed to record the seizure in any verifiable manner, despite it taking place in broad daylight in a public park.
The Court found that these circumstances made the case one of “further inquiry,” warranting the grant of bail. Additionally, the Court criticized the investigative practices of law enforcement, noting that the availability of mobile phone cameras should have been used to capture video or photographic evidence of the search, seizure, and arrest. Such evidence could have clarified the situation and strengthened the prosecution’s case while preventing false accusations against law enforcement.
The Court emphasized the importance of using modern technology, as allowed under Articles 164 and 165 of the Qanun-e-Shahadat, 1984, to ensure transparent and reliable evidence collection in narcotics cases. The absence of such evidence often leads to delays in trials and unnecessary bail applications, burdening the courts.
The Supreme Court ordered that relevant authorities, including the Anti-Narcotics Force and police departments, consider updating their procedures to make the recording of such incidents mandatory. This would help ensure that investigations are thorough and credible, protecting both the accused and the integrity of law enforcement.
In this case, the petitioner was granted bail, and the Court’s directions could lead to significant reforms in how narcotics cases are handled, focusing on transparency and the use of technology to support justice