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Lahore High Court Acquits Woman Convicted due to Multiple Procedural Lapses for Narcotics Possession

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Lahore High Court Acquits Woman Convicted due to Multiple Procedural Lapses for Narcotics Possession

Islamabad 28-03-2025: In a significant decision, the Lahore High Court, Rawalpindi Bench, overturned the conviction of woman accused, who had been sentenced to ten years in prison for alleged narcotics possession. The Court ruled that the prosecution failed to establish guilt beyond a reasonable doubt due to critical procedural lapses.

The case originated from FIR No. 600, registered on September 7, 2023, at Police Station Dina, District Jhelum, under Section 9(1)-6c of the Control of Narcotic Substances Act (CNSA) 1997. According to the prosecution, the police arrested the appellant during a raid and recovered 1100 grams of heroin from her possession. The trial Court convicted her on May 15, 2024, sentencing her to ten years of rigorous imprisonment (RI) and a fine of Rs. 1,25,000/-, with an additional two-month simple imprisonment (SI) in case of default.

During the appellate proceedings, the defense pointed out several discrepancies in the prosecution’s case. Mr. Justice Tariq Mahmood Bajwa, who authored the judgment, observed that the prosecution failed to record the 161 Cr.P.C. statement of a key witness, who had played a crucial role in initiating the case. Moreover, the police did not produce the sample bearer in Court, a procedural requirement upheld in past Supreme Court judgments, including Minhaj Khan Vs. The State (2019 SCMR 326).

Another major flaw was the non-production of the shopping bag that allegedly contained the heroin. The Court noted that such omissions cast serious doubt on the integrity of the prosecution’s case. Citing Muhammad Akram Vs. The State (2009 SCMR 230) and Tariq Pervez Vs. The State (1995 SCMR 1345), the bench reiterated that even a single reasonable doubt entitles an accused to acquittal as a matter of right.

As a result, the Court set aside the trial Court’s judgment, acquitted woman accused, and ordered her immediate release unless required in another case.

This decision underscores the judiciary’s commitment to upholding due process and ensuring that convictions are based on credible and legally admissible evidence.