LHC acquits man serving 14-year sentence in 6kg hashish case

Justice Tariq Saleem Sheikh accepted Zulfiqar Ali’s criminal appeal and set aside the 14-year sentence awarded by the trial court. The accused had already spent nearly three years in prison. In its decision, the court held that it was the prosecution’s responsibility to establish the complete chain of custody and safe transfer of the narcotics.

The identification of material evidence is not merely a technical formality but an important part of a fair trial, it observed., the police failed to produce a complete record before the court regarding the safe transfer of the recovered narcotics.

The road certificate for sending the drug samples to the forensic agency was also not produced, while the relevant entry from Register No. 19 was not presented before the court. The Lahore High Court observed that the failure to establish the safe custody and continuous chain of the narcotics rendered the prosecution’s case doubtful.

The court also noted contradictions in the witnesses’ statements regarding the shape of the hashish., one witness described the pieces of hashish as square, while another described them as round. The court said the contradiction could have been explained if the sealed parcel had been opened and the witnesses had been asked to identify the narcotics.

The court clarified that an accused cannot be convicted solely on the basis of a chemical report. The prosecution failed to prove its case against Zulfiqar Ali beyond reasonable doubt and also failed to fulfil the requirements concerning the identification and safe custody of the material evidence.

The Lahore High Court extended the benefit of the doubt to Zulfiqar Ali and ordered his acquittal. The court further directed that he be released immediately if he was not required in any other case.