PESHAWAR: The Peshawar High Court (PHC) Chief Justice S.M. Attique Shah on Thursday ordered action against the relevant trial court, public prosecutor and Excise officials for recording false testimony in a narcotics case.
He sought a report from the district and sessions judge Peshawar as well as other relevant authorities in this regard.These directives were given by a division bench in a narcotics case in which the life imprisonment of the accused was set aside and the matter was remanded to the trial court with instructions for a fresh trial.
The bench, comprising Chief Justice S.M Attique Shah and Justice Ijaz Khan Sabi, heard the appeal of an accused, Muhammad Sabir, who had been sentenced by the sessions court to life imprisonment and fined Rs1 million in a drug-smuggling case.
The chief justice has issued a 31-page written judgment in this regard.The counsel for the accused, Muhammad Saeed Khan, argued that the recovery shown from the vehicle could not be proved by the prosecution in accordance with the law.
He contended that the accused had neither been arrested from the spot nor had anything been recovered from his possession. The counsel submitted that the circumstantial evidence and witness statements were contradictory.
After completion of arguments, the court issued its written judgment, stating that despite arrests and recoveries, convictions in narcotics cases were rare, mainly due to faulty investigation.
The court directed that the seized drugs must be weighed, sealed, and the case property safely sent to the malkhana and then to the forensic laboratory, ensuring it is free from all forms of tampering. The remaining case property must be kept securely in the malkhana so it can later be produced in court as evidence.During the hearing, the court was informed that Constable Hidayat’s name had been recorded as Qaiser Khan due to a clerical error.
However, the court noted that the prosecution had neither produced the witness’s CNIC nor service card, which created doubts in the prosecution case and could benefit the accused.The court observed that it was possible that the witness deliberately gave a wrong name or the court failed to ascertain his identity; therefore, the matter required further scrutiny. It ordered a fresh verification of both officials, Qaiser Khan and Hidayat , to ensure justice.The judgment directed that the witness identification in narcotics cases must be reverified and the retrial of the present case be completed within a month.
