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The Contradictions by Key Prosecution Witness created a Reasonable Doubt, Warranting Acquittal --- Lahore High Court, Lahore Overturns Conviction of Accused

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The Contradictions by Key Prosecution Witness created a Reasonable Doubt, Warranting Acquittal --- Lahore High Court, Lahore Overturns Conviction of Accused

Islamabad 14-03-2025: The Lahore High Court, Bahawalpur Bench, has overturned the conviction of accused person, who was sentenced to nine years of rigorous imprisonment under the Control of Narcotics Substances Act, 1997. The Appellate Court found that the prosecution failed to prove its case beyond a reasonable doubt, primarily due to contradictory witness statements and procedural lapses in the chain of custody of the seized narcotics.

A division bench comprising Mr. Justice Ch. Sultan Mahmood and Mr. Justice Sadiq Mahmud Khurram ruled that the trial Court had erred in ignoring significant inconsistencies in the testimonies of the prosecution witnesses, particularly PW-6 (315/C), whose statements in another narcotics case FIR No. 421/2023 contradicted his deposition in the present case FIR No. 418/2023.

Key Findings of the Judgment:

The Court observed that the same police witness claimed to be present at two different locations at the same time, making the prosecution’s case improbable.
The prosecution could not demonstrate an uninterrupted chain of custody of the seized narcotics, weakening its reliability.
The defense successfully impeached the credibility of PW-6 by confronting him with his previous contradictory statements.
Following legal precedents, the Court held that when two versions exist, the accused must be given the benefit of the doubt.

The bench relied on case law precedents including Majid Vs. State of Haryana ((2001) 10 SCC 6) and Taj Muhammad Vs. Muhammad Yousaf, (PLD 1976 SC 234), which emphasize that prior inconsistent statements can be used for contradiction but not as substantive evidence.

The Court set aside the conviction and ordered the immediate release of the accused person, unless he was required in any other case. The judgment serves as a significant precedent in narcotics law, reinforcing the necessity of credible witness testimony and strict procedural adherence in Criminal Cases.