ANF, police asked to record proof during raids

The Supreme Court has urged the Anti-Narcotics Force (ANF) and police to formulate rules for recording videos and taking pictures during raids so that they can be used as evidence during trials.

“It [videos and pictures] may also prevent false allegations being levelled against [the] ANF/police that the narcotic substance was foisted upon them [the accused] for some ulterior motive,” read an order, authored by Chief Justice of Pakistan Qazi Faez Isa.

The CJP was leading a three-member bench, hearing a post-arrest bail plea in a narcotics case.

The order stated that in narcotic cases, the prosecution witnesses are usually the ANF personnel or policemen, who surely carry a cell phone with an in-built camera.

The SC noted that in respect of those arrested with narcotic substances, generally there are only a few witnesses, and most, if not all, are government servants.

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The court noted that trials are unnecessarily delayed and as a result, the accused first seek bail in the trial court. If their bail plea is turned down, they file them in a high court and there too if it is declined, petitions seeking bail are then filed in the SC.

The top court observed that if police and the ANF used their cell phone cameras to record videos or take pictures of the search for the narcotic substances during raids, their seizure and arrest of those who possessed them, it would be useful evidence against the accused.

“They [officials] may also consider whether they want to amend the ANF/police rules to ensure making video recordings/taking photographs whenever possible with regard to capturing, preserving and using such evidence at [the] trial," it added.

The judgment noted that Section 25 of the Control of Narcotic Substances Act, 1997 excluded the applicability of Section 103 of the Code of Criminal Procedure, 1898, which required two or more “respectable” inhabitants of the locality to be associated when a search was conducted.

“However, we fail to understand why the police and members of the [ANF] do not record or photograph when search, seizure and/or arrest is made. Article 164 of the Qanun-e-Shahadat, 1984 specifically permits the use of any evidence that may have become available because of modern devices or techniques, and its Article 165 overrides all other laws.”

The court observed that those selling narcotic substances turned their buyers into addicts, destroyed their state of mind, health, productivity, and adversely affected the lives of their family members.

"The very fabric of society is damaged. [The] ANF and the police forces are paid out of the public exchequer. It is incumbent upon them to stem this societal ill.

“The prosecution services, paid out of the public exchequer, are also not advising the ANF/police to do this simple act of making a recording and/or taking photographs,” the order read.

The judgment further noted that poor investigation and lack of evidence adversely affected the cases of the prosecution. The courts, which too are sustained by the public exchequer, are burdened with having to attend bail applications because the commencement and conclusion of the trial is delayed, it added.

The SC noted that it was time that all institutions acted professionally and used all available lawful means to obtain evidence.

"A credible prosecution and adjudication process also improves public perception. We expect that all concerned will attend to these matters with the attention that they demand because the menace of narcotic substances in society has far-reaching consequences: by destroying entire households, creating societal problems and casting a heavy financial burden on the state when drug addicts are required to be treated,” the order read.

“Moreover, research indicates that drug addicts resort to all methods to obtain drugs, including committing crimes," it added.

The bench also directed the court registrar to send a copy of the order to the narcotics control ministry secretary; the ANF director general; secretaries of the home departments of all the provinces; and inspectors General Police (IGPs) of all the provinces and Islamabad Capital Territory.