| Case ID |
2347b4df-7f0c-4940-ad85-467e08fae828 |
| Body |
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| Case Number |
Criminal Appeals Nos. 19 and 78 of 2008 |
| Decision Date |
Jun 23, 2021 |
| Hearing Date |
Jun 23, 2021 |
| Decision |
The Lahore High Court acquitted appellants Abdul Rehman and Muhammad Shafqat, setting aside their convictions and sentences under the Control of Narcotic Substances Act, 1997. The court found procedural lapses in the prosecution's evidence gathering, particularly regarding international cooperation and the admissibility of foreign evidence. The absence of direct evidence linking the appellants to the smuggling operation and the reliance on circumstantial evidence led to their acquittal. The court emphasized the necessity of adhering to legal protocols to ensure fair trials and due process, highlighting deficiencies in the prosecution's case, including the lack of formal foreign requests and the inadmissibility of certain affidavits. Consequently, the convictions were overturned, and the appellants were released on bail with their sureties discharged. |
| Summary |
In the landmark decision of Criminal Appeals Nos. 19 and 78 of 2008, adjudicated by the Lahore High Court on June 23, 2021, Justices Anwaarul Haq Pannun and Muhammad Amjad Rafiq delivered a comprehensive judgment that acquitted appellants Abdul Rehman and Muhammad Shafqat. The case revolved around serious allegations under the Control of Narcotic Substances Act, 1997, specifically Sections 59, 66, 58, and 60, pertaining to narcotics trafficking, evidence gathering, and extradition protocols. The prosecution, represented by Special Prosecutor Zafar Iqbal Chohan for the Anti-Narcotics Force (ANF), presented evidence alleging that the appellants were involved in a large-scale smuggling operation of hashish from Pakistan to Canada, involving sophisticated methods of concealment and international coordination.
Key evidence included affidavits from Canadian authorities and detailed shipping documents suggesting the illicit transport of narcotics. However, the defense, led by lawyers Muhammad Ahsan Bhoon and Muhammad Shahbaz Rana, systematically challenged the admissibility and authenticity of the foreign evidence. They highlighted significant procedural lapses, such as the absence of formal requests under the Control of Narcotic Substances Act for international cooperation and the misuse of affidavits that did not comply with Pakistani legal standards. The defense emphasized the principle of aut dedere, aut judicare, arguing that the prosecution failed to adhere to necessary legal protocols for international evidence gathering and extradition.
The Lahore High Court meticulously scrutinized the prosecution's case, focusing on the legal requirements for evidence admissibility and the proper execution of international assistance under the Control of Narcotic Substances Act. The judges identified critical shortcomings in the prosecution's approach, including the lack of direct evidence linking the appellants to the smuggling operation and inconsistencies in the documentation provided. The court noted that the affidavits and foreign documents lacked proper certification and did not meet the standards required for legal admissibility in Pakistani courts.
Furthermore, the court observed that the prosecution relied heavily on circumstantial evidence without establishing a clear, factual connection between the appellants and the alleged narcotics trafficking. The absence of key witnesses and the failure to produce original documents undermined the credibility of the prosecution's case. The judgment underscored the necessity of upholding the principles of fair trial and due process, stressing that procedural deficiencies and the improper handling of international evidence should render the prosecution's case untenable.
In conclusion, the Lahore High Court set aside the convictions of Abdul Rehman and Muhammad Shafqat, acquitting them of all charges. The decision highlighted the importance of stringent adherence to legal protocols in cases involving international narcotics trafficking and the critical role of proper evidence handling in ensuring justice. This judgment serves as a pivotal reference in Pakistan's legal landscape, reinforcing the safeguards against procedural lapses and ensuring that protections for fair trial and due process are meticulously upheld in complex narcotics cases. |
| Court |
Lahore High Court
|
| Entities Involved |
The State,
Muhammad Ashraf,
Abdul Rehman,
Anti-Narcotics Force (ANF),
Muhammad Shafqat,
Zafar Iqbal Chohan
|
| Judges |
Anwaarul Haq Pannun, Justice,
Muhammad Amjad Rafiq, Justice
|
| Lawyers |
Muhammad Ahsan Bhoon,
Muhammad Shahbaz Rana,
Zafar Iqbal Chohan
|
| Petitioners |
Abdul Rehman and others
|
| Respondents |
The State
|
| Citations |
2022 SLD 236,
2022 PLD 235
|
| Other Citations |
Syed Hamid Saeed and others v. The State 2017 PCr.LJ 854,
Mst. Mangti v. Mst. Noori and others 1995 CLC 210,
Mst. Moselle Eelias v. Kh. Ahmed Said PLD 1959 (W.P.) Kar. 760 rel.,
Muhammad Munir v. State 1995 PCr.LJ 1255,
Javaid Iqbal v. State 1995 PCr.LJ 1838,
Liaqat Ali v. State 1995 MLD 1254,
Sarfraz Ahmad v. State 1986 PCr.LJ 2965,
The State v. Saleem Khan PLD 1985 Lah. 345,
Abdul Majid v. State PLD 1984 Lah. 450 rel.
|
| Laws Involved |
Control of Narcotic Substances Act, 1997
|
| Sections |
59,
66,
58,
60
|