Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(2),20

Law: Police Rules, 1934

Section: 25.2(3),XXV,22.49(n),XIX

Law: Police Order, 2002

Section: 18

(a) Control of Narcotic Substances Act (XXV of 1997) [as amended by Control of Narcotic Substances (Amendment) Act (XX of 2022)]--- ----S. 9(2), Sr. No.9---Police Rules 1934, Chapter XXV, R. 25.2(3)---Police Order (22 of 2002), Art. 18---Possession and transportation of narcotic Substances--Appreciation of evidence---Complainant as Investigating Officer---Prosecution case was that 07-kilogram Methamphetamine (ICE) was recovered from the possession of accused---Record showed that the alleged contraband was recovered from the possession of the accused/appellant by Police Officer who served as the Seizing Officer, complainant and Investigating Officer in case, giving him a three-in-one role---According to the law, the complainant and the accused were two opposing parties---Role of an Investigating Officer was to serve as an objective authority with the goal of uncovering the truth---An Investigating Officer could not be part of or a member of any party involved in the case they were investigating---Language of the Police Rules, 1934 required an Investigating Officer not to prematurely form an opinion on the facts, whether for or against any person, as this was impossible for an Investigating Officer who was also a party---Concept of honest investigation relied on impartiality and neutrality--Reason for separating the investigation wing from the operational wing of the police also stems from that principle, as reflected in Art.18 of the Police Order 2002; therefore, the element of honest, transparent and fair investigation was absent in the case---If that standard were applied to the case of the accused, it would be clear from the record that the complainant, acting as an Investigating Officer, could not be expected to be fair and transparent---Fair investigation was the fundamental right of the accused---Appeal against conviction was allowed, in circumstances. The State v. Waris Khan 2016 MLD 920 and Saqib Ramzan v. The State and another 2023 PCr.LJ 1479 rel. (b) Control of Narcotic Substances Act (XXV of 1997) [as amended by Control of Narcotic Substances (Amendment) Act (XX of 2022)]--- ----S. 9(2), Sr. No.9---Possession and transportation of narcotic…