Supreme Court Orders Video Evidence in Narcotics Cases
Table of Contents
- Introduction
- Case Overview
- Need for Video and Photo Evidence
- Investigation Failures
- Directive for Reforms
- Conclusion
- Contact Information
Introduction
The Supreme Court of Pakistan, in case 2024 SCMR 934, directed law enforcement agencies to record video and take photographs during narcotics-related arrests. Chief Justice Qazi Faez Isa, along with Justices Amin-ud-Din Khan and Athar Minallah, granted bail to Zahid Sarfaraz Gill due to weak evidence and lack of independent witnesses. This ruling pushes for transparency in narcotics investigations.
Case Overview
Police arrested Zahid Sarfaraz Gill for possessing 1833 grams of charas. The prosecution relied only on police testimony, with no independent witnesses or visual proof. The defense claimed the arrest was retaliation for Gill’s complaint against the police. The Supreme Court ruled the case required further inquiry and granted bail.
Need for Video and Photo Evidence
The court criticized law enforcement for failing to capture visual evidence, despite having mobile phones with cameras. The ruling emphasized that:
- Videos and photos confirm the presence of the accused at the crime scene.
- They provide solid proof of narcotics possession, search, and seizure.
- Recording arrests can prevent false accusations against law enforcement.
Article 164 of the Qanun-e-Shahadat Order, 1984, allows modern technological evidence, while Article 165 overrides conflicting laws. Law enforcement must update procedures to include video evidence.
Investigation Failures
The court highlighted flaws in narcotics investigations. Most cases depend on testimonies from police or Anti-Narcotics Force (ANF) officers, leading to weak prosecutions and delays. Courts spend unnecessary time on bail applications due to poor evidence collection. The ruling stressed that using modern technology would strengthen cases and ensure fair trials.
Directive for Reforms
The Supreme Court ordered authorities to consider amending ANF and police rules to make video and photo documentation mandatory. Copies of the order were sent to:
- Ministry of Narcotics Control
- Director-General, Anti-Narcotics Force
- Home Departments of all provinces
- Inspector-Generals of Police
The court urged law enforcement to act professionally and use all available tools to build strong cases. Effective prosecution is crucial in fighting drug-related crimes that damage individuals, families, and society.
Conclusion
The Supreme Court’s ruling aims to improve transparency and fairness in narcotics cases. By mandating video and photographic evidence, the court strengthens the justice system and ensures credible investigations. Law enforcement must adapt to these guidelines to reduce trial delays and uphold justice in drug-related offenses.
Contact Information
For legal assistance, contact Muhammad Amin, Advocate at 0313 9708019.