Lahore: Lahore High Court (LHC) has acquitted accused Zulfiqar ALi who was awarded 14 years punishment in 6 kilogram charas recovery case. The court maintained presenting merely sealed drugs in court is not sufficient but it is too necessary to open parcel and get identify drugs by the witnesses during the hearing of the case.
Justice Tariq Salim Sheikh of LHC while approving the criminal appeal of Zulfiqar Ali declared null and void 14 years sentence awarded to him by the subordinate court. The accused had already served 3 years imprisonment
The court maintained in its decision that taking the drugs into safe custody and proving the entire process of its shifting is responsibility of prosecution. Identification of physical proof is not only a technical proceedings but is important part of equitable trial.
According to decision police could not present complete record of safe shifting of recovered drugs in the court. Road certificate for sending drugs samples to forensic agency was not presented in the court. The respective entry of register No 19 was not brought before the court.
LHC maintained the case became suspicious due to matter of safe custody of the drugs and not proving its continuous phase.
The court also noted that a contradiction was there in the statements of the witnesses with reference to shape of charas.
According to decision one witness declared the charas pieces in square shape while second witness declared it round.
The court made it clear the accused cannot be awarded punishment merely on the basis of chemical report. The prosecution failed in proving the case against the accused beyond suspicion.
The court while giving benefit of doubt to Zulfiqar Ali ordered to acquit him directing if he is not wanted in some other case then he be released forthwith.