This case, Naqeebullah v. The State (2024 YLR 758), highlights several key issues regarding the recovery and handling of narcotics under the Control of Narcotic Substances Act, 1997. The Balochistan High Court, comprising Muhammad Hashim Khan Kakar and Shaukat Ali Rakhshani JJ, acquitted the appellant, Naqeebullah, who had been convicted by the Trial Court for possession of 20 kilograms of charas concealed in secret cavities of a vehicle.
The court found that the prosecution had failed to provide sufficient evidence to prove both the recovery and the safe custody of the narcotics. Key findings included:
- Recovery Doubtful: The prosecution witnesses, including the recovery officer, did not clearly explain where or how the narcotics were concealed in the vehicle’s cavities. Furthermore, the vehicle was not shown to the trial judge or adversarial parties, casting doubt on whether the recovery occurred as claimed.
- Safe Custody and Transmission Doubtful: The prosecution could not establish a clear chain of custody for the seized narcotics. Witnesses failed to specify when and to whom the narcotics were handed over for chemical analysis, creating uncertainty about whether the contraband was securely handled.
- Benefit of the Doubt: Due to these evidentiary gaps, the court held that the prosecution had not met the burden of proof. Additionally, the appellant’s defense that he was unaware of the narcotics in the vehicle was considered credible, further reinforcing the decision to acquit.
The case reinforces the importance of clear, consistent evidence in narcotics cases, especially concerning the recovery and custody of seized items.