Lahore High Court Acquits Man Convicted of Narcotics Offense due to Defective Investigation 

Islamabad 10-01-2025: In a significant judgment, the Lahore High Court, Bahawalpur Bench, overturned the conviction of Muhammad Rizwan Ahmed alias Bablo, who was sentenced to life imprisonment for alleged possession and trafficking of narcotics. The Court found substantial procedural flaws and inconsistencies in the prosecution’s case, ultimately extending the benefit of doubt to the Appellant.

Rizwan Ahmed was convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997, for possessing 112 kilograms and 800 grams of ‘charas’ and Rs. 120,000 in cash. The trial Court sentenced him to life imprisonment and imposed a fine of Rs. 100,000.

The case originated from an FIR registered on August 25, 2021, following a police raid during which Rizwan was allegedly caught with the contraband in a vehicle.

The two-judge bench comprising Mr. Justice Anwaarul Haq Pannun and Mr. Justice Syed Shahbaz Ali Rizvi highlighted several flaws in the prosecution’s case:

1. Witnesses gave conflicting statements regarding the time and place of recovery, condition of the vehicle, and handling of case property.
2. Discrepancies were observed in the description of the contraband, with different accounts about markings on the packets.
3. Mishandling of case property, including narcotics and cash, raised doubts about the integrity of the evidence.
4. Missing police diaries and improper documentation further weakened the prosecution’s case.
5. The Appellant was sent to judicial custody a day after his arrest without further investigation.
6. No efforts were made to identify potential buyers or link the appellant to other dealers.
7. GPS tracking data indicated that the vehicle used in the offense was in police custody before the alleged recovery.

The Court emphasized the principle that the prosecution must prove its case beyond a reasonable doubt. Any failure to do so entitles the accused to an acquittal. The judgment referenced landmark decisions, including:

1. Ayub Masih Vs. The State (PLD 2002 SC 1048), which underscores the importance of benefit of doubt.
2. The State Vs. Mushtaq Ahmad (PLD 1973 SC 418), which advocates for cautious adjudication to avoid convicting innocent individuals.

The Court set aside the trial Court’s decision, acquitting Rizwan Ahmed and ordering his immediate release unless he was required in any other case. The vehicle used in the alleged offense was directed to be returned to its owner in accordance with the law.

This judgment reinforces the necessity of strict compliance with legal and procedural standards in narcotics cases. The Court’s decision highlights the importance of ensuring that evidence is credible, consistent, and properly documented, especially in cases carrying severe penalties.

The acquittal serves as a reminder that Courts must safeguard the rights of the accused by upholding the rule of law and procedural integrity.

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