LHC acquits drug suspect over weak prosecution, flawed probe

Court cites inconsistencies in witness statements, mishandling of evidence

LAHORE:

A Lahore High Court (LHC) bench has acquitted a drug suspect in a 2-kilogramme narcotics case, highlighting serious flaws in prosecution and investigation.

The convict, who had been imprisoned for over three and a half years, was released after the court ruled that the prosecution had failed to prove the case beyond a reasonable doubt.

The verdict was delivered by a two-member bench comprising Justice Farooq Haider and Justice Tariq Nadeem, through a detailed 13-page written judgment.

According to the judgment, the prosecution did not ensure the safe custody of the recovered narcotics or their samples, nor could it establish a proper chain of custody when sending the samples for forensic examination.

The bench noted that even minor contradictions in witness statements can cast doubt on their reliability.

"Numerous inconsistencies were observed in the statements of prosecution witnesses, from the arrest of the accused to the handling of the case property," the court said.

It emphasised that in narcotics cases, the prosecution is required to prove possession and the chain of custody beyond any doubt, which demands a high standard of evidence.

The accused, Ashfaq, had been booked by Jaranwala police in 2022 for allegedly possessing two kilograms of narcotics. However, due to lapses in investigation and weak prosecution, the court overturned the conviction and ordered Ashfaq's immediate release.