PHC orders inquiry into faulty drugs case probe

The officials claimed they had recovered 800kg charas concealed in the truck.

They were convicted by an additional sessions judge on Jan 20, 2014, and were sentenced to life imprisonment.

Noor Alam Khan Advocate and Shahid Naseem Chamkani, lawyers for the appellants, pointed out flaws in the investigation, especially while sending samples collected from the seized contraband for chemical examination.

Noor Alam Khan Advocate had pointed out a day earlier that instead of collecting samples from all seized packets, the investigation agency had sent only a single sample of 10 grams for chemical examination.

He added that even the investigation agency had not mentioned the number of packets recovered by them.

The lawyer had referred to a larger Supreme Court bench’s judgment (PLD 2012 SC) and contended that the apex court had explained in clear terms the mechanism, which should be adopted by a drugs seizing agency.

He added that the agency should collect separate samples from all the packets to prove that the entire seized stock was contraband.

The lawyer pointed out that the apex court had directed that the said judgment should be sent to all the courts and agencies including the Anti-Narcotics Force and customs department.

The investigation officer told the court that he had only investigated the case, whereas thje collection of sample was the responsibility of the seizure officer.

He added that samples were taken from 800 packets.

The chief justice asked him to show on record where the number of packets were mentioned.

The IO could not offer any satisfactory reply to the queries put by the bench.

The bench observed that due to the connivance of officers with the accused persons, the benefit always went to the latter and then courts were blamed for the inefficiency or faulty probe of the investigating agency.

It added that to provide benefit to the accused, loopholes were deliberately left in cases by investigation officers.

The chief justice observed that if customs officials were not capable of investigating such cases, then why they had not been referring it to the police.

He observed that the sending of a single sample of 10 grams to forensic science laboratory clearly manifested the mala fide on part of the relevant officials.

Published in Dawn November 3rd, 2016