Islamabad: Supreme Court (SC) has acquitted two accused who were awarded life sentence in drug case. A 3-member bench of SC presided over by Justice Jamal Khan Mandokhail issued written decision of the case. The court declared that becoming investigation officer by plaintiff police officer is against the norms of justice. SC wrote in its decision the plaintiff is always prone to get award punishment. Due to it impartial investigation is not possible. Investigation of one's own FIR with open mind is nearly impossible.
It was further told in the decision that the plaintiff as IO can trace the evidence only which proves his allegation. Such investigation is considered harmful in provision of justice. It is essential to give solid reasons for appointing plaintiff as IO other wise the case of prosecution becomes weak. SC remarked a transparent, legal and impartial investigation is constitutional requirement. Fair trial is right of every accused under article 10-A. Upon it the SC raised serious questions on investigation process, evidence and forensic procedure.
The decision said the signatures of recovery witness on parcels presented in the court were not clear.
Prosecution could not prove the material presented in the court was the same which was recovered.
SC further remarked giving benefit of a slight doubt to accused is admitted principle of criminal law. The subordinate courts did not conduct correct review of the evidences. The decisions of high court and trial court were declared null and void.