The case of Muhammad Saeed vs. The State (2023 MLD 373) revolves around the narcotics case acquittal of two individuals accused of possessing 50 kilograms of charas. The Peshawar High Court overturned their conviction, citing major flaws in the prosecution’s evidence.
Background of the Case
The prosecution claimed that on May 8, 2017, the Excise Department recovered 50 packets of charas hidden in secret cavities of a car. The accused, Muhammad Saeed and Shahzad Khan, faced charges under Section 9(c) of the Control of Narcotic Substances Act (CNSA), 1997. The trial court initially sentenced them to life imprisonment, but the High Court later reversed this decision.
Key Reasons for Acquittal
1. Lack of Proper Weighment Evidence
The prosecution stated that they recovered 50 packets of charas, but the seizing officer only recorded the weight of two packets (1000 grams each). They failed to provide evidence for the remaining 48 packets, creating reasonable doubt about the actual quantity recovered.
2. Delay in Sending Samples for Chemical Analysis
The Forensic Science Laboratory (FSL) report showed that the samples reached the lab eight days after recovery. The prosecution did not explain this delay, raising concerns about tampering or mishandling. The court emphasized that safe custody of evidence is crucial in narcotics cases.
3. Failure to Prove Safe Custody of Samples
The prosecution did not present the constable who transported the samples to the FSL. Since this key witness was missing, the court ruled that the chain of custody was broken, making the FSL report unreliable.
4. Inconsistent Witness Statements
The investigating officer (PW-3) and the complainant (PW-4) gave conflicting statements about when the investigation started. Such inconsistencies weakened the prosecution’s case.
5. No Proof of Conscious Possession
The court noted that no evidence linked Muhammad Saeed (front-seat passenger) to the charas. The prosecution failed to prove he had knowledge or control over the drugs.
Legal Precedents Cited
The judgment referenced several Supreme Court rulings, including:
- Zubair Khan v. The State (2021 SCMR 492)
- Qaiser Khan v. The State (2021 SCMR 363)
- Abdul Ghani v. The State (2019 SCMR 608)
These cases highlight that any break in the chain of custody or unexplained delays in narcotics cases can lead to acquittal.
Why This Judgment Matters
This ruling reinforces that prosecutors must follow strict procedures in drug-related cases. Any lapses in evidence handling or contradictions in witness statements can result in the accused getting the benefit of doubt.
Final Decision
The Peshawar High Court acquitted both accused, stating the prosecution failed to prove guilt beyond reasonable doubt. The court ordered their immediate release if not required in other cases.
Conclusion
The Muhammad Saeed vs. The State (2023 MLD 373) case is a significant example of how procedural errors can lead to a narcotics case acquittal. Courts demand strong, consistent evidence in drug possession cases, and any gaps or delays can favor the accused.
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