Supreme Court of Pakistan Grants Bail in Narcotics Case Due to Procedural Lapses
Islamabad 08-03-2025: The Supreme Court of Pakistan has granted post-arrest bail to Petitioner an accused in a high-profile narcotics case, citing serious procedural lapses by law enforcement authorities. The judgment, delivered by Mr. Justice Muhammad Hashim Khan Kakar and Mr. Justice Ishtiaq Ibrahim, underscores the importance of modern evidence collection techniques and adherence to due process.
The Petitioner was arrested on December 9, 2024, following a raid conducted by Chowk Azam Police, Layyah, based on spy information. Authorities claimed to have recovered 1100 grams of heroin from his possession, leading to the registration of FIR No. 1508/24 under Section 9(1)(c) of the Control of Narcotic Substances Act, 1997.
His bail plea was previously rejected by the Lahore High Court, Multan Bench, on January 22, 2025, prompting an appeal before the Supreme Court of Pakistan.
The Court highlighted that no video evidence of the alleged recovery was presented, despite Article 164 of the Qanun-e-Shahadat Order, 1984, which allows the use of modern devices for evidence collection.
- Zahid Sarfaraz Gill Vs. State (2024 SCMR-934): In this case, the Supreme Court of Pakistan had directed law enforcement agencies to record video footage of all drug recoveries to ensure transparency and prevent false implications.
The judgment criticized the police for failing to associate private witnesses at the time of recovery, in clear violation of Section 103 of the Criminal Procedure Code (Cr.P.C.).
- The Court noted that reliance solely on police officers’ testimonies weakens the prosecution’s case and does not meet the standard of proof required for a conviction.
The Court reaffirmed a fundamental legal principle that:
- “The ultimate conviction and incarceration of a guilty person can repair the wrong caused by a mistaken relief of interim bail, but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration.”
- Manzoor Vs. State (PLD 1972 SC 81): The Court emphasized that denying bail when procedural safeguards are violated leads to irreparable harm.
While recognizing the seriousness of drug-related offenses, the Court stressed that the rights of the accused must also be protected.
- The failure of police to follow clear judicial directives in narcotics cases tilts the case in favor of the accused.
The Supreme Court of Pakistan set aside the Lahore High Court’s order and granted post-arrest bail to the Petitioner.
- The Petitioner must furnish bail bonds of Rs. 200,000/-
- Provide two sureties of the same amount
- Bail is subject to the satisfaction of the Trial Court
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