LAHORE: The Lahore High Court (LHC) taking notice of the failure of the law officers in discharging their statutory and professional duties during the recording of statements of prosecution witnesses and other proceedings, especially in the narcotics cases, observed that the margin of error could lead to the acquittal of drug traffickers.
This recurring deficiency undermines the prosecution’s case and calls for strict adherence to procedural responsibilities in future proceedings, the court added.
The court passed these observations in an appeal of one Shameer Khan who challenged the conviction awarded him by a sessions’ court in a case registered against him under provisions of Narcotics Act.
The court observed that the escalating threat posed by drug traffickers severely undermines societal peace and disproportionately impacts youth. It said this menace not only endangers public tranquillity but also finances anti-state and terrorist activities that have plagued the country for decades.
The court emphasised that the integrity of narcotics trials hinges on the proactive, competent, and vigilant conduct of law officers, who must ensure that no witness undermines the prosecution’s case and that every deviation is promptly addressed per legal mandates.
The court expressed serious concern over this recurrent issue, emphasizing that the role of the law officers transcend mere formality as a law officer is duty-bound to actively assist the court, uphold the interests of justice, and ensure that the prosecution’s case is presented with utmost diligence, clarity, and legal precision.
The LHC noticed that certain law officers particularly in cases registered under the narcotics laws remain passive or silent spectators during the examination-in-chief and cross examination of prosecution witnesses as well as statements of accused and defence evidence.
The court observed that the gravely insufficient prosecution evidence rendering the conviction and sentence of the appellant by the trial court unsustainable in the eye of law.
The court; therefore, directed the LHC registrar to dispatch the copies of this judgment to the Secretary, Law and Parliamentary Affairs, Punjab, the Prosecutor General Punjab, the Director General, Anti Narcotic Force, Islamabad and the Inspector General of Police, Punjab, with the direction to enforce the measures mentioned in the judgment vigorously for the purpose of upholding the justice and to curb a societal scourge of drug peddling.
The court directed that all law officers must remain vigilant, active, and fully engaged during the recording of prosecution evidence, statements of accused and defence evidence, especially in narcotics cases.
The court also asked law officers not allow any intentional or unintentional concessions granted by police witnesses to go unchallenged. They are required to take appropriate legal steps to protect the prosecution’s case, the court added. It also asked them to recommend departmental legal action against the police officials who give concessional statements in favour of accused.
The court also directed the Prosecutor General Punjab, to look into this matter personally, identify the causes leading to weak prosecution, and take necessary steps to ensure accountability and improvement in performance. He shall also issue comprehensive instructions to all law officers across the province of Punjab to follow the legal procedure strictly and exercise their authority during trial proceedings.
The court also observed that in narcotics cases, the prosecution must substantiate not only the events unfolded as the FIR foretold, but also that the seized contraband comprising of sample parcels and remaining case property was kept in safe custody right from the crime scene to the police station and thereafter safe transmission of sample parcels from the police station to the office of Punjab Forensic Science Agency for the purpose of analysis.
The court observed that no negligence on part of the State’s legal representatives should be tolerated where the administration of justice is compromised and warned that failure to comply with these directions must result in disciplinary action.
The court said in the present case, the safe transmission of the parcels alleged to contain hashish is, rendered doubtful.
The court; therefore, set aside the impugned judgment and acquitted the appellant of the charges. It directed to release the appellant immediately unless required to be kept in jail in connection with any other case.
Copyright Business Recorder, 2025
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