Daily Times

The case and the subsequent sentencing of Hanif Abbasi by the Control of Narcotics Substances (CNS) court is clearly different from other cases lodged under the same act.

The “Control of Narcotic Substances Act, 1997” is a special law meant for awarding deterrent punishments to the persons involved in the trade of narcotics in any manner. Section 9(c) of the Control of Narcotics Act specifically provides that whoever contravenes the provisions of Sections 6, 7 or 8 of the control of narcotics act, shall be punishable with death or imprisonment for life, or imprisonment for a term which may extend to fourteen years and shall also be liable to fine which may be up to one million rupees, if the quantity of narcotic drug, psychotropic substance or controlled substance exceeds the limits specified in clause (b) (1 Kilogram).

Unfortunately, the law of Control of “Narcotic Substances Act 1997” has become the easiest law to be misused by the hands of law enforcement agencies. False FIRs against innocent citizens, defective investigations, false testimony of police officials and unreliable police witnesses have weakened the law in the eyes of general public and the courts.

Recently, the honourable Supreme Court of Pakistan acquitted the accused who had been facing trial over a FIR registered by the Police Station of University Town, Peshawar, under Section 9(c) of the Control of Narcotic Substances Act, 1997. The accused had allegedly transported 35 kilograms of narcotics. The very obvious malaise of the police was evident from the fact that the accused was a crippled person, who had suffered from polio, rendering his legs almost useless. There was also no clear evidence to reasonably establish a connection between the physically disabled person and the crime.

It is imperative that the system be revamped in a way that no innocent person suffers from misuse of the law, and no criminal is set free due to negligent authorities

Similarly, Punjab High Court in 2017, acquitted an accused facing trial for the narcotics possession, import and export, trafficking and financing due to lack of concrete evidence. The failure to produce the case property clearly showed that the police had malice towards the accused regarding the recovery of the drugs. Similarly, Punjab High Court acquitted an accused allegedly carrying 70 kilograms of heroin, on the sole reason that the police could not present the  case property for over a month, which casted serious doubts over the case.

Likewise, the Sindh High Court in the same year, acquitted an accused allegedly found holding one plastic shopper in his hand, containing narcotics weighing 1,050 grams. Despite the incident having occurred on a busy road where many witnesses were available, the investigating officer did not try to arrange any private witness of the locality to fulfil the requirements of Section 103 Criminal Procedure Code 1898, resulting in the dismissal of the entire case itself.

In another case, the Sindh High Court once again faced an accused who the Police alleged had the same amount of 1,050 grams of narcotics, but since the authorities failed to send a sample of these narcotics to the chemical examiner for analysis, the accused was acquitted. The law specifically states that the exercise of sending sample for testing of recovered drug was required to be completed within seventy-two hours of the recovery.

As far as Balochistan is concerned, the High Court acquitted accused persons allegedly carrying 40-kilograms of narcotics in two bags found beneath their seats. Surprisingly, neither the recovery memo, nor the FIR contained the seat numbers of the accused persons, and no tag or documentary evidence was on record connecting the accused with the bags. Consequently, the circumstances cast reasonable doubt over the veracity of the case and the benefit of doubt went in favour of the accused.

These are just a few of the cases, there are many others from all over the country that cast doubt over the use and application of this law.

It is important that malicious acts and negligence in the investigation of genuine cases is not brushed aside. It is imperative that the system be revamped in a way that no innocent person suffers from misuse of the law, and no criminal is set free due to negligent authorities.

The writer is an Advocate of the High Court

Published in Daily Times, August 1^st 2018.