PESHAWAR, March 31: Additional District and Sessions Judge Mahmoodul Hassan has acquitted a boy of drug pushing. The court ruled that the prosecution could not prove its case against the accused and the evidence on record could not connect the accused with the commission of the offence.
The Chairman of the Voice of Prisoners, Noor Alam Khan, appeared for the boy, Abid Khan, and contended that there were various loopholes in the prosecution case as the case property was in open condition which made the recovery doubtful.
The officials of the Crimes Investigation Department (CID) had claimed that on Oct 2, 2002, they had prior tip about smuggling of narcotics to Punjab from tribal area.
Inspector Sareer Iqbal cordoned off the Kohat Road and recovered 55kg of charas from a vehicle which was allegedly driven by the accused. An FIR was registered at the CID police station under section 9(c) of the Control of Narcotics Substance Act, 1997.
The prosecution claimed that the accused was 25. However, the counsel for the accused requested the court to conduct his medical examination to ascertain his age. The medical examination proved that he was 16 at the time of occurrence.
Mr Noor Alam argued that the recovery team had initially sent only one sample from the entire consignment for chemical examination whereas under the law from the 55kg of charas 55 samples had to be separated.
