KARACHI, Jan 6: A special court for the Control of Narcotic Substances (CNS) on Thursday acquitted three men in two cases after it was informed that the two investigation officers who were removed from service as well as the case property and key documentary evidence against the suspects were missing.

Ghous Bukhsh was charged with allegedly possessing 20 kilos of hashish in October 2005. Gulab Khan and Mohammad Basharat were booked for keeping one kilo of hashish in March 2006.

Senior officials of the excise and taxation department informed the court that the investigation officers, inspectors Mohammad Saleh Kario and Deedar Ali Mirani, had been removed from service. However, they did not hand over the case property and the files of the cases and their whereabouts were unknown, the excise officials deposed.

In view of their testimonies, the judge of the special CNS court-II, Sanullah Khan Ghauri, who was conducting the trials, exonerated the three accused for lack of evidence.

The court had earlier issued repeated notices to witnesses, the investigation officers and the secretary excise in both cases with the direction that the witnesses and case property be produced in court.However, they failed to comply with the court orders.

Eventually, deputy director (excise) Nasir Effendi and assistant excise and taxation officer Dawood Kolachi appeared in court on Jan 4 and informed it about the removal and “disappearance” of the investigation officers.

According to the prosecution, the excise police acting on a tip-off intercepted a taxi on Oct 27, 2005 and seized hashish weighing 20 kilos. The police arrested the driver, Ghous Bukhsh, and registered a case (FIR No 17/2005) against him under Section 6/9-C of the Control of Narcotic Substances Act, 1997, at the excise police station. The investigation of the case was assigned to Inspector Saleh Kario.

The deputy director excise deposed that the IO was dismissed from service through an order dated Nov 25, 2008, adding that he was reinstated on April 11, 2010 on the basis of an order passed by the Sindh service tribunal and again suspended on Aug 8, 2010.

He testified that the investigation officer did not hand over the case property (20 kilos of hashish) as well as the relevant case file to the department and his whereabouts were also not traceable. He added that there was no chance to produce the case property and case file, including the chemical report, in future.

He also submitted a report stating that his department issued a show-cause notice to the inspector. But the investigation officer did not reply and now the notices would be published in the newspapers to finalise the matter after completing the formalities required under the Removal from Service (Special Powers) Sindh Ordinance, 2000, the report said. It added that the IO also investigated two more cases (13/05 & 18/05) in which 400 kilos and five kilos of hashish was recovered, respectively.

However, it was not mentioned in the report whether or not the IO handed over the case properties and the case files in these two cases.

According to the prosecution, Gulab and Basharat were arrested on March 22, 2006 in Mehmoodabad after the excise police seized the one kilo of hashish found in their possession.

A case (FIR No 02/2006) was registered against both the suspects under Section 9-B of the Control of Narcotic Substances Act, 1997, at the excise police station. The investigation of the case was conducted by Inspector Deedar Ali Mirani.

But the assistant excise and taxation officer deposed that Mr Mirani was removed from service on Nov 11, 2007 and all the relevant documents and case property were in his possession.

However, the senior excise officials in their testimonies did not mention if an FIR was registered or a legal action was taken against the two investigation officers.

The court directed the secretary excise and taxation department to take necessary action against the investigation officers and submit a compliance report within a month.