This case, Jamal Ahmed vs. The State (2024 P Cr. L J 1207), decided by the Balochistan High Court, deals with the conviction of Jamal Ahmed under Section 9(c) of the Control of Narcotic Substances Act, 1997, for the possession of 1000 kilograms of charas. The court reviewed various aspects of the case, including evidence of safe custody and transmission of the contraband, the role of police witnesses, and mitigating circumstances affecting the appellant’s sentence.
Key points of the judgment include:
- Safe Custody and Chain of Transmission: The prosecution successfully established the safe custody of the narcotics, as well as the proper transmission of samples to the Chemical Examiner. The chain of custody, a crucial element in narcotics cases, was not broken, and this was confirmed by citing Mst. Sakina Ramzan v. State 2021 SCMR 451.
- Mitigating Circumstances: Since the appellant was a first-time offender with no prior criminal record, the court considered this a mitigating factor and modified the sentence from death to life imprisonment, with reference to Mir Muhammad alias Miro v. The State 2009 SCMR 1188 and Iftikhar Ahmad Khan v. Asghar Khan and another 2009 SCMR 502.
- Credibility of Police Witnesses: The defense challenged the credibility of prosecution witnesses based on the fact that they were police officers. However, the court dismissed this argument, reaffirming that police employees are competent witnesses under the law, citing Zafar v. The State 2008 SCMR 1254.
As a result, the High Court dismissed the appeal but modified the death sentence to life imprisonment, maintaining the fine of Rs. 700,000 and adding an additional six months of imprisonment in case of default on the fine. The murder reference sent for confirmation of the death sentence was answered in the negative, effectively converting the sentence.