ISLAMABAD: The Supreme Court (SC) has ruled that in narcotics cases, it is the legal responsibility of the prosecution to establish daily diary entries under police rules, conduct a transparent investigation and prove the safe custody and transmission of narcotics samples to the laboratory, failing which the accused is entitled to the benefit of doubt.
According to the detailed written judgment released for reporting purposes, a three-member bench comprising Justice Muhammad Hashim Khan Kakar, Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim set aside the conviction of accused Wajahat Bibi in a narcotics recovery case and acquitted her. The judgment was authored by Justice Ishtiaq Ibrahim.
The apex court observed that serious contradictions existed in the statements of Anti-Narcotics Force (ANF) officials regarding the method of recovery, proceedings conducted at the scene and the involvement of private witnesses, rendering the prosecution case doubtful.
The judgment further stated that the investigating officer failed to produce the relevant daily diary entries before the court, which could have established that the ANF team had departed to act on secret information. The court held that under Police Rules 22.48 and 22.49, such entries are mandatory, and adverse legal inference may be drawn from their non-production.
The Supreme Court also held that the prosecution failed to establish an unbroken chain of safe custody and transportation of narcotics samples to the laboratory. Defects in the road certificate and related record further weakened the prosecution’s case.
