Table of Contents
- Introduction
- What Happened in This Case?
- Why the Court Acquitted the Accused
- Key Legal Points
- Final Thoughts
- About Muhammad Amin Advocate
Introduction
This article explains the judgment of the Lahore High Court, Rawalpindi Bench, in Criminal Appeal No. 72 of 2017. The case involved an appeal filed by an accused named Shahzeb. He was previously convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997. However, the High Court later acquitted him. Let’s explore the reasons behind this decision.
What Happened in This Case?
Shahzeb faced accusations of possessing 2000 grams of charas. According to the police, they had recovered the drugs from him. Consequently, the trial court found him guilty.
However, Shahzeb challenged the conviction through an appeal. The High Court then carefully reviewed the entire case. It noticed serious flaws in the prosecution’s case. Therefore, it gave Shahzeb the benefit of the doubt and acquitted him.
Why the Court Acquitted the Accused
The court focused on several critical issues that weakened the prosecution’s case:
1. No Proof of Safe Custody
To begin with, the police failed to show how they kept the recovered drugs secure. From the point of seizure to the delivery to the lab, there was no solid proof of safe custody. This lapse cast serious doubt on the entire case.
2. No Evidence of Safe Transmission to the Lab
In addition, the prosecution could not establish that the samples were safely sent to the Punjab Forensic Science Agency (PFSA). The timeline had noticeable gaps. Therefore, the court was unsure whether the tested samples matched the recovered ones.
3. Delay in Sending Samples
Moreover, there was an unexplained delay of several days in sending the samples to the lab. This delay further weakened the prosecution’s credibility.
4. Recovery Witness Was a Police Officer
Lastly, the main recovery witness was a police officer. There were no independent witnesses present during the recovery. As courts usually prefer neutral witnesses, this also worked in Shahzeb’s favor.
Key Legal Points
Here are the main legal principles that guided the court’s decision:
- Burden of Proof: The prosecution must prove the case beyond a reasonable doubt. If there’s any doubt, the benefit goes to the accused.
- Safe Custody and Transmission: The chain of custody must be proven clearly and without gaps.
- Independent Witnesses: Their presence boosts the credibility of the evidence.
- Unexplained Delays: Any delay in sending samples to the lab must be properly explained.
The High Court also relied on earlier rulings by the Supreme Court of Pakistan, which emphasized the importance of these requirements.
Final Thoughts
This judgment highlights the need for strict adherence to legal procedures in drug cases. Courts give careful attention to issues like custody, transmission, and witness credibility.
When the prosecution cannot meet these standards, courts may acquit the accused. Therefore, law enforcement officials must handle narcotics cases with greater responsibility and care.
About Muhammad Amin Advocate
Muhammad Amin Advocate is a seasoned legal professional based in Peshawar, Pakistan. With over 7 years of practical experience, he handles a wide range of matters — including civil, criminal, and service law cases.
He provides reliable legal support both locally and internationally. His office, located at Office No. 14, Zeb Plaza, University Road, Tahkal Payan, is a one-stop hub for various legal services. These include company registration, tax matters, family disputes, legal documentation, and court representation.
Moreover, he believes in ethical advocacy, offers clear legal advice, and focuses on empowering clients through simple and honest guidance.