PESHAWAR, Jan 22: A local court acquitted on Tuesday an accused in a case of drug pushing and observed that the Crimes Investigation Agency (CIA) has no authority to conduct investigation without approval from the government.
The court of additional district and sessions judge Aimon Zia observed that in the present case the CIA had conducted investigations without any approval from the government.
The accused Bathin Shah was arrested on Dec 10, 2000, from Peshawar Cantt by CIA officials and allegedly recovered 27 kilograms of charas and 1,000 cartridges from his vehicle.
He was charged under section 9 of the Control of Narcotics Substance Act 1997 and section 13 of the Arms Ordinance.
Advocate Noor Alam Khan appeared for the accused and argued that the CIA was not declared a police station by the government, and, as such, it had no powers to investigate a case unless directed by the government.
Under section 156(1) of the Criminal Procedure Code, he said, an officer-in-charge of a police station could conduct investigation in a cognizable offence.
He cited examples of the Crimes Investigation Department (CID) and the Crimes Branch police, arguing that these departments were declared police stations following which they had powers of independent investigation. However, the CIA had yet to be declared a police station, he .
Mr Khan argued that according to the prosecution, the CIA had prior information about smuggling of narcotics two days before the occurrence, but despite that the CIA did not inform the concerned police.
He referred to various judgments of the Supreme Court and high courts, stating that these were clear rulings and proved that the CIA was not empowered to conduct independent investigation. The accused, he added, was falsely implicated in the case.