The best court docket has mentioned the problem of narcotics has reached alarming proportions in Pakistan on account of the useless and lackadaisical enforcement of regulations and procedures and “cavalier manner” wherein the businesses and now and then courts cope with this significant issue.
“Studies based on conferences and seminars have very often shown that the menace is deep rooted. This menace is a great threat to a peaceful society and is affecting many lives especially the youngsters, therefore, immediate steps are required to be taken to curb these nefarious activities,” mentioned a seven-page written order authored via Justice Sayyed Mazahar Ali Akbar Naqvi.
Justice Naqvi was once a part of a three-member bench, led via Justice Yahya Afridi, which upheld the sentence of a person whom a top court docket had convicted and sentenced to existence imprisonment for possessing 563 kilogrammes of charas and 1.5 kilogrammes of opium.
The order mentioned the proceeds of narcotics are in large part used in anti-state and terrorist actions, which this nation has been going through for many years.
It mentioned when the prosecution is in a position to turn out its case on its salient options then pointless technicalities will have to no longer be allowed to bog down the very function of the law at the topic.
“The shut research of the entire prosecution proof, ie, the restoration of enormous amount of narcotics, the going down of the incidence in wide sunlight, keeping apart the samples from each and every packet in a prescribed method and sending them to the chemical examiner, record of the chemical examiner and the statements of the prosecution witnesses when evaluated conjointly leaves no room to come back to another conclusion than what has been arrived at via the realized top court docket,” it mentioned.
The SC mentioned the top court docket had as it should be liked the fabric facets of the case and the conclusions drawn have been consistent with the tips enunciated via the highest court docket at the topic.
The court docket referred to its final 12 months judgement wherein it had declared that the Control of Narcotic Substances (Government Analysts) Rules, 2001 just about positioned no bar on an investigating officer (IO) to ship samples inside a specified time frame.
“These regulations are stricto sensu listing and no longer obligatory in any method. It does no longer spell as as to if in case of any lapse, it might robotically transform instrumental to discard the entire prosecution case,” it mentioned.
The court docket mentioned the foundations can’t keep watch over the substantive provisions of the Control of Narcotic Substances Act, 1997 and can’t in any method frustrate the salient options of the prosecution case.
“[This case] in a different way hinges upon (i) receipt of data, (ii) motion via the involved law implementing company, (iii) restoration of contraband narcotics, (iv) the record of chemical examiner relating to research of the recovered contraband, (v) the discovering of reality via the courts underneath after recording of proof i.e. (a) witnesses of the raiding birthday celebration, (b) the restoration witnesses, (c) IO and all different attending cases.
“Even otherwise, in terms of Section 29 of the Control of Narcotic Substances Act, 1997, manner and standard of proof in cases registered under the act is slightly different as in terms of the said act the accused is presumed to have committed the offence unless the contrary is proved,” the judgement mentioned.