In a significant ruling, the Peshawar High Court overturned a drug conviction, highlighting the critical importance of precise and trustworthy evidence in narcotics cases. This decision shows that the law requires the prosecution to prove its case beyond any doubt. Furthermore, it demonstrates how a strong legal defense can effectively challenge charges when the evidence is weak.
Understanding the Core of the Narcotics Case
The case began when police alleged they recovered 5000 grams of charas from a motorcycle. According to the prosecution, the appellant was driving the vehicle. Consequently, the trial court convicted him under the Khyber Pakhtunkhwa Control of Narcotic Substances Act (CNSA) and sentenced him to five years in prison with a heavy fine. However, the appellant maintained his innocence and appealed the decision.
Major Contradictions That Weakened the Prosecution’s Story
Upon examining the record, the High Court found several serious inconsistencies. These discrepancies formed the foundation for the acquittal in this narcotics case.
First, the prosecution presented a major contradiction regarding the evidence samples. The complainant officer stated in court that he separated only 5 grams of charas from each packet for laboratory testing. However, the official recovery memo and the FIR clearly stated that 10 grams were taken from each packet. This fundamental difference created a serious doubt about the prosecution’s version of events.
Second, the testimonies of key witnesses about the timeline did not match. For instance, one recovery witness stated the police team returned to the station at 6:00 PM. In contrast, the Investigating Officer claimed they returned at 7:00 PM. Meanwhile, the police station clerk gave yet another time, stating he received the samples around 6:00/6:30 PM. These conflicting accounts about a basic fact made the entire prosecution story unreliable.
The Critical Failure: Broken Chain of Custody for Drug Samples
Perhaps the most damaging flaw in the prosecution’s narcotics case was its failure to prove the safe custody of the drug samples. The law requires an unbroken and documented chain of custody from the moment of recovery until the sample reaches the laboratory for analysis.
In this instance, the recovery happened on July 22, 2020. However, the samples were not dispatched to the Forensic Science Laboratory (FSL) until July 27, 2020. Even more critically, the FSL received them on August 19, 2020—a delay of 27 days. The prosecution could not provide any valid explanation for this extensive delay.
Moreover, the constable who was supposedly responsible for transporting the samples to the lab never appeared in court to testify. His absence meant the court could not verify whether the samples were transported securely or if they were tampered with during this long period. This broken chain of custody completely undermined the reliability of the FSL report, which is often the central piece of evidence in such drug charges dismissals.
The Court’s Conclusion and the Final Ruling
The Peshawar High Court concluded that the prosecution’s evidence was full of discrepancies and contradictions. The broken chain of custody for the samples, combined with the inconsistent witness statements, made the entire case untrustworthy. Therefore, the court found it impossible to uphold the conviction.
As a result, the court allowed the appeal and set the appellant free. This ruling underscores a vital legal principle: the burden of proof always rests on the prosecution, and any reasonable doubt must benefit the accused. This case serves as a prime example of a successful challenge to narcotics evidence, leading to an overturning of the drug conviction.
Facing Similar Drug Charges? Secure Expert Legal Defense Today
This case illustrates how complex narcotics possession acquittals can be. Navigating the legal system requires an experienced advocate who can identify flaws in the prosecution’s case, such as chain of custody issues and witness inconsistencies.
If you or a loved one is facing charges under the CNSA or similar laws, you need a dedicated legal defender. For professional assistance with criminal law services and related legal matters, contact:
Muhammad Amin, Advocate
📞 Phone: 0313-9708019 | 0335-1990495
📧 Email: muhammadaminadvo111@gmail.com