Under the CNSA, where Severe Penalties are prescribed, the standard of proof must be exceptionally High --- Lahore High Court Overturns Life Imprisonment
Islamabad 16-01-2025: In a significant decision, the Lahore High Court, Multan Bench, overturned the life imprisonment sentence of Awais Qarni, who was convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997 (CNSA). The Court highlighted critical procedural flaws and inconsistencies in the prosecution’s case, ultimately leading to the Appellant’s acquittal.
Awais Qarni was arrested on February 23, 2020, at the Bawata Check Post, District Dera Ghazi Khan, with an alleged recovery of 20 kilograms of charas from his vehicle. The trial Court convicted him on November 12, 2020, sentencing him to life imprisonment along with a fine of Rs. 100,000.
Qarni, a 24-year-old student and Hafiz-e-Quran, denied the charges, claiming he was a passenger in the car and was falsely implicated while the actual driver, Fazal Hussain, was released by the police after allegedly paying a bribe.
The Court found significant lapses in the chain of custody of the recovered contraband. It observed that safe custody of the narcotics and secure transmission of sample parcels to the forensic laboratory were not proven, which rendered the forensic report inconsequential.
Material contradictions in the testimonies of prosecution witnesses cast doubt on the credibility of the recovery process. The Court noted discrepancies in the preparation of recovery memos and documents.
The trial Court’s reliance on an unauthenticated photograph (Exh. DA) was criticized. The Lahore High Court ruled the photograph inadmissible under the Qanun-e-Shahadat Order, 1984, and declared witness statements influenced by it legally irrelevant.
The Court emphasized that in cases under the CNSA, where severe penalties are prescribed, the standard of proof must be exceptionally high. The prosecution’s inability to establish guilt beyond a reasonable doubt violated this principle.
The judgment reiterated several key legal principles:
- The burden of proof lies squarely on the prosecution, which must establish its case beyond a reasonable doubt.
- Any break in the chain of custody undermines the validity of the forensic report.
- Procedural irregularities in the preparation of evidence weaken the prosecution’s case.
The Court referred to notable case laws, including Imam Bakhsh Vs. The State (2018 SCMR 2039) and Muhammad Akram Vs. The State (2009 SCMR 230), to reinforce its findings.
Accepting the appeal, the Lahore High Court set aside the conviction and sentence awarded by the trial Court. It ordered Qarni’s immediate release, stating that the prosecution’s evidence failed to meet the legal standard required for a conviction.
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