Law: Control of Narcotic Substances Act, 1997

Section: 9(c),15

Law: Code of Criminal Procedure, 1898

Section: 342,173

Summary: The Supreme Court considered appeals by four men convicted by the trial court and the Lahore High Court for large-scale charas trafficking after an ANF operation in November 2020. The prosecution alleged recoveries from two vehicles and accused five men, one of whom was said to have escaped. The Court found major contradictions and evidence of official misconduct: a photograph (Ex. DD) showed the alleged absconder in ANF custody despite the FIR claiming he fled, the Investigating Officer admitted the photograph’s authenticity, and medical records and a complaint corroborated the petitioners’ claims that they were beaten and falsely implicated after protesting that the true suspect had been released. Because official testimony was shown to be tainted by mala fides and procedural dishonesty, the Court converted the petition into an appeal, acquitted the four appellants, ordered their release, and directed the ANF to hold a departmental inquiry into the officers involved. Core points Case background: four petitioners convicted for offences under CNSA (charas) based on an ANF raid on 21.11.2020; trial court sentenced them to life and fines; Lahore High Court upheld convictions. Prosecution’s case: alleged recovery of 199 packets of charas (samples extracted from each) from two vehicles; five accused named, one alleged to have escaped from scene. Critical evidence contradiction: photograph Ex. DD showed all five accused (including alleged absconder) in ANF custody; Investigating Officer admitted the photograph’s genuineness, contradicting FIR/story of escape. Petitioners’ defence: consistently denied involvement, claimed they were summoned, beaten, and then falsely implicated after protesting the illegal release of the real accused. Medical and documentary support: medical reports/MLCs documented injuries and hematuria for two petitioners; a formal grievance by Pakistan Patriotic Youth Organization corroborated complaints of custodial torture and an inquiry request. Rebuttal of presumption of official regularity: Court held that presumption of official honesty is rebuttable and was effectively rebutted here by evidence of mala…