KARACHI: The Sindh High Court has observed that huge caches of narcotic were being seized, but investigation and follow-up in such cases remained ineffective because of shortcomings of prosecution.

It asked the provincial government to consider establishing liaison with a specialised federal anti-narcotics agency to counter the inflow of drugs.

The SHC also noted that the federal anti-narcotics agencies, including Anti-Narcotics Force (ANF), were also making such seizures and the expertise of the ANF would undoubtedly be helpful in training investigators and prosecutors for enforcing anti-narcotics measures.

A two-judge bench headed by Justice Omar Sial further said that the prosecution side of law enforcement agencies apart from the ANF was not ensuring that proper evidence was produced at trials and it was a matter of great concern as in many cases unscrupulous people charged with substantial possession used the lapse to their advantage.

Bench asks Sindh govt to liaise with ANF for better investigations

The bench made these observations while allowing an appeal filed by a convict against a life term handed down to him by a trial court in a narcotic case.

A sessions court of Jacobabad had sentenced Imam Bux to life in prison for carrying 50 kilograms of opium and two kg heroin in 2020 as the prosecution asserted that he was standing outside a police picket with drugs at the time of his arrest.

The bench said it was inclined to agree with the arguments advanced by the counsel for the appellant that it did seem rather odd and unnatural that a man would, without any rhyme or reason, stand outside a police picket with 52 kilograms of narcotics on his shoulders.

Apart from the fact that a person was carrying such substantial weight aimlessly and standing there, the seizure, arrests, investigations, and prosecution in this case and cases of similar nature where a large quantity of narcotics had been recovered were continuously leaving critical legal loopholes, it added.

The court also stated that the higher judiciary had repeatedly been reiterating that safe custody and transmission of narcotics had not been ensured in prosecution and a conviction would not be sustained if an unbroken chain of safe custody and transmission of narcotics was not proved at trial.

“Still, repeatedly, the prosecution of law enforcement agencies, except the Anti-Narcotics Force, are not ensuring that proper evidence is produced at trials. It is a matter of great concern because, in many cases, unscrupulous people charged with substantial possession have used the lapse to their advantage,” it added.

The bench said that the inspector general of police would be in a better position to give more accurate figure, but from the cases coming to court it appeared that huge seizures were being made in this region, but follow-up in these cases for effective investigation and prosecution was lacking.

“The Sindh government is in the best position to decide. In addition to the effective measures it has already taken, it may be helpful if it also considers liaison with the specialized anti-narcotic agency, the ANF, to counter this inflow of narcotics,” it concluded.

The bench also ordered that a copy of this order be sent to the secretary of ministry of interior, chief secretary of Sindh and the prosecutor general of Sindh to take note of these observations.

Notices issued on lawyer’s plea for recovery of missing son

Another SHC bench has issued notices to the home secretary, inspector general of police and other relevant police officers on a petition filed by a lawyer seeking whereabouts of his son.

The two-judge bench headed by Justice Zafar Ahmed Rajput also put the advocate general and prosecutor general of Sindh on notice for March 25 and directed the SHO-Gadap to produce the alleged detenue before the court at the next hearing.

Advocate Ghulam Akbar Jatoi petitioned the SHC, asserting that his son, Taimoor Khan, was picked up by unknown persons along with police officials on Feb 5 while he was on his way to Bahria Town from his house located in Memon Goth.

He further submitted that he had approached the respondents, but they did not disclose any information about the missing person and his whereabouts remained unknown.

The petitioner alleged that he had disputes with a former federal minister and others and claimed that his rivals had taken his son away. He also expressed fears that there was a serious threat to the missing person’s life if he was not recovered immediately.

He sought directives for the respondents to recover his son and produce him before the court, as well as to provide protection to the petitioner and his family.

The bench in its order said, “Let notice be issued to the respondents as well as AG Sindh and PG Sindh, with direction to respondent No.4 [SHO Gadap police station] to ensure production of the alleged detenue before this court on the next date of hearing.”

Published in Dawn, March 6th, 2025