Court orders cases against narcotics officials

Either they cooked up the case or didn’t want to pursue it properly, says bench.

KARACHI: An unwarranted appeal in a hopeless case of the recovery of drugs landed Anti-Narcotics Force officials as well as a prosecutor in trouble when an appellate bench of the Sindh High Court ordered the ANF director general to start departmental proceedings and register criminal cases against the delinquent officials.

The bench was hearing an appeal filed by the ANF deputy director (law) against a judgment of Special Court II for the Control of Narcotic Substances in Karachi which acquitted Muhammad Yousuf. The ANF had allegedly seized 15 kilogrammes of charas from him.

ANF Inspector Khaliduddin arrested Yousuf and lodged the FIR. He also sent one of 15 slabs weighing a kilogramme each to a chemical examiner. During the trial, ANF ASI Naeem deposed against Yousuf and the court, after recording the testimony of a sole witness, acquitted him. An instant appeal was subsequently filed.

The SHC’s appellate bench dismissed the appeal on Friday, noting that no reason was given why the arresting officer was not examined. The bench said that the prosecution made no effort to prove the guilt of the accused man. “There could be two reasons why the prosecution did not do this; one could be that the whole story is false and cooked up or, after the arrest and recovery ... no material was produced to obtain a conviction.”

The bench observed that even though there was sufficient material or substance in the case, the ANF had decided to challenge the order of the trial court, which was proper, legal and needed no interference. By this questionable “act” the ANF seemed to lack bona fide intentions. The bench directed the ANF DG to conduct an inquiry and take action against the delinquent officials — not only departmental proceedings but also register criminal cases against those found responsible for either cooking up a false case or deliberately not prosecuting the case. The ANF’s special public prosecutor, who conducted the case before the trial court, should also be held responsible for such conduct and the person responsible for filing the appeal should be taken to task.

The bench also sought a report of compliance to be submitted to Member Inspection Team of the SHC in two months.

Published in The Express Tribune, November 7^th, 2010.