LAHORE (Muhammad Ashfaq): The Lahore High Court has nullified an 11-year prison sentence in a drug trafficking case, citing weak investigation and ineffective prosecution.
The decision was made due to insufficient evidence and failure to establish the case against the accused, who was charged with possession of 3 kilograms of cannabis.
The two-member bench, comprising Justice Farooq Haider and Justice Tariq Nadeem, ruled in favor of the convict, with Justice Tariq Nadeem authoring the 15-page detailed judgment.
The court highlighted that proceeds from drug trafficking are often used to fund terrorism and anti-state activities, posing a long-term threat to national security. It emphasized that prosecution must play an active and effective role, noting that mere formalities in handling cases are inadequate.
The judgment criticized prosecuting officers for their frequent inaction during witness cross-examinations, stating that some police witnesses deliberately provide lenient statements, weakening cases and allowing technical acquittals. It also underlined the social impact of drug abuse, particularly on youth, stressing the need for robust legal measures.
The court issued new guidelines for prosecution in drug cases, instructing officers to remain vigilant during evidence presentation and questioning of witnesses. Any deviations from the facts must be challenged strictly in accordance with the law.
The Prosecutor General Punjab was directed to monitor the performance and accountability of law officers, with disciplinary action mandated for those violating these standards. Copies of the verdict were ordered to be sent to the Secretary Law & Parliamentary Affairs, Prosecutor General Punjab, and DG ANF.
In the present case, the prosecution failed to establish a clear chain of custody for the seized 3,250 grams of cannabis, leading the court to acquit the accused. The trial court had earlier sentenced the convict to 11 years in prison with a fine of Rs200,000 on July 17, 2023.