Woman acquitted of drug trafficking charges after eight-year trial

A model court has acquitted a woman in a drug possession case after an eight-year long trial.

Rukhsana was exonerated from the charge of possessing charas as the excise police failed to place on record evidence to prove their case. Additional District and Sessions Judge Liaqaut Ali Khoso of the Model Criminal Trial Court (Central) announced the judgement after hearing the final arguments of both defence and prosecution sides.

Rukhsana was arrested by the excise police for possessing and trafficking charas in 2014. A case was registered against her under sections 6 and 9(C) of the Control of Narcotic Substances Act, 1997.

Defence counsel Shahzad Ishaque argued that since 2014 no witness had been examined by the prosecution against his client, who was facing the trial without any progress, which was against the principle of fair trial and speedy justice. He moved an application under Section 265-K of the Criminal Procedure Code (CrPC), seeking her acquittal for want evidence. The judge said the case’s record revealed that since indictment on October 23, 2014 not a single witness turned up and had been examined by the prosecution.

The record further showed that there was no mention of net weight or gross weight of the seized drug from the possession of the accused, he said, adding that the full test protocols were not mentioned in the chemical report; hence, mere chemical report had no value. Therefore, such facts create serious doubt in the prudent mind about prosecution case, said the defence counsel.

The judge noted that as no evidence is available in the judicial file against the accused, there is no impediment upon this court to acquit the accused at any stage if the charge against the accused could not be proved or there is no probability of conviction even after a full trial.

In the present case, the judge said the entire episode as given in the fashion was under cloud; therefore, there was no probability of the accused being convicted of the offence. The court acquitted Rukhsana of the charge under Section 265-K of the CrPC.