Failure of Prosecution to establish an Unbroken Chain of Custody and The Same Officer acted as both Complainant and Investigator --- Islamabad High Court (IHC) Acquits Doctor
Islamabad 14-03-2025: In a landmark ruling, the Islamabad High Court (IHC) has overturned the conviction of Doctor, an MBBS doctor accused of drug trafficking, citing serious procedural flaws and violations of due process.
The Special Court (CNS) had previously sentenced the Doctor to three years rigorous imprisonment and a fine of Rs. 200,000 under Section 9(2) and 9(3) of the Control of Narcotic Substances Act, 1997 (CNSA, 1997). The conviction was based on the recovery of 2600 Ecstasy pills from his residence and 500 additional pills from his vehicle. However, upon appeal, the Islamabad High Court (IHC) set aside the conviction, ruling that the prosecution failed to prove the case beyond a reasonable doubt.
The Court identified multiple legal violations that led to the acquittal:
- The same officer acted as the complainant and investigating officer, violating fair trial principles Taj Wali Vs. The State (PLD 2005 Karachi 128).
- The drugs were allegedly sent to the forensic lab on 15.11.2023 but officially received on 16.11.2023, creating a missing link in evidence handling Muhammad Iftikhar Vs. The State (2022 PCr.LJ 1233).
- The number of recovered pills did not match the forensic report, weakening the prosecution’s credibility Muhammad Nafees Vs. The State (2021 PCr.LJ 63).
- The prosecution could not provide ownership or rental proof linking doctor to the premises where the drugs were recovered.
Given the inconsistencies and procedural lapses, the Court ruled that the accused was entitled to an acquittal Arzi Gull Vs. The State (2020 PCr.LJ 178).
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