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Police Officials are Credible Witnesses and their Testimonies cannot be disregarded solely based on their Employment Status --- Islamabad High Court, Islamabad Upholds Life Sentence in Narcotics Case

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Police Officials are Credible Witnesses and their Testimonies cannot be disregarded solely based on their Employment Status --- Islamabad High Court, Islamabad Upholds Life Sentence in Narcotics Case

Islamabad 26-03-2025: The Islamabad High Court (IHC) has dismissed the appeal of accused, who was convicted for drug trafficking and sentenced to life imprisonment. The decision was announced by Acting Mr. Chief Justice Muhammad Asif in [Jail Appeal No. 29 of 2022], affirming the verdict issued by the Special Court (Control of Narcotics Substances), Islamabad.

The accused was arrested on April 12, 2019, by officials of the Anti-Narcotics Force (ANF) at the Motorway Toll Plaza M-1. Acting on intelligence reports, ANF intercepted accused’s vehicle, a Honda motorcar (AY-700 Islamabad), and discovered a hidden compartment containing 13.2 kilograms of opium and 4.8 kilograms of charas.

Following the arrest, the ANF completed necessary legal procedures, including sealing the contraband and filing an FIR No. 78/2019 under Section 9(c) of the Control of Narcotic Substances Act, 1997. The trial Court subsequently found him guilty and sentenced him to life imprisonment along with a fine of Rs. 35,000, with an additional six months of simple imprisonment in case of non-payment.

During the appeal proceedings, accused’s defense argued that he had been falsely implicated due to failure to bribe law enforcement officials. His counsel also challenged the integrity of the evidence, citing procedural lapses in the safe custody and transmission of the recovered narcotics. Furthermore, they contended that all prosecution witnesses were police officials, violating Section 103 of the Criminal Procedure Code (Cr.P.C.), which mandates the presence of independent witnesses during recovery operations.

The prosecution countered these claims, asserting that all legal protocols were meticulously followed, including the proper documentation and forensic examination of the contraband. The Court noted that Section 103 Cr.P.C. does not apply to narcotics cases, as per Section 25 of the Control of Narcotics Substances Act, 1997. Moreover, the Court emphasized that police officials are credible witnesses and their testimonies cannot be disregarded solely based on their employment status.

After reviewing the prosecution’s evidence and legal precedents, the Islamabad High Court (IHC) found no procedural irregularities or legal lapses in the investigation. The judgment cited Supreme Court rulings affirming that drivers of vehicles carrying narcotics are presumed to have knowledge of the contraband and bear the burden of proving otherwise.

“The prosecution successfully established guilt beyond reasonable doubt. The evidence remains unshaken, and the chain of custody of the contraband was intact,” the judgment stated.

Consequently, the Court upheld the trial Court’s verdict, maintaining accused’s life sentence and rejecting his appeal.