LAHORE: A Lahore High Court two-judge bench has acquitted two men convicted 13 years ago on charges of trafficking 11.79 ton narcotics to Canada.
The Anti-Narcotics Force (ANF) had registered the FIR in 2003 under sections 9(c)/15 of the Control of Narcotic Substances Act, 1997 at its Lahore police station against the suspects, Abdul Rehman and Muhammad Shafqat.
The trial court in its 2008 decision sentenced Rehman to 15 years imprisonment and handed down life term to Shafqat.
As per the prosecution story, the Canadian officials in Islamabad, intimated the special investigation cell of the ANF in writing that Canadian Customs intercepted and seized 11.79 ton shipment of hashish in Halifax, Nova Scotia, at Ceres Terminal, which was destined for Montreal, Canada.
According to the bill of lading, the consignment was sent through cargo from Karachi and it was fetched by the vessel in Sri Lanka.
In the letter, it was informed that hashish was packed in green plastic covered with two layers of blue commercial “Friskies”, a brand of cat food packing with an outer layer of yellow plastic wrap.
The convicts were the employees of the cargo companies and had been charged with smuggling the narcotics.
However, the bench in its verdict observes that no evidence is available against the appellants/convicts for possession, sealing or transportation of narcotics and the shipment was not sealed in the presence of the appellants before its dispatch to Canada.
It notes that the shipment was sealed in the presence of custom officers, who have been exonerated during investigation.
It observes that the description of packaging sent from Pakistan does not match with the property description found by Canadian police. During the voyage, the ship was hit by a sea storm at Sri Lanka and the container was found damaged, as reported by Sri Lankan authorities. The fact was confirmed by Canadian police that the container was damaged.
The bench notes that the Canadian authorities did not inform of the investigation extending to the consignee of this shipment, nor it was shown that the proceedings reached the logical end. It says the case property was not produced before the trial court, neither in Pakistan nor in Canada.
The bench comprising Justice Anwarul Haq Pannun and Justice Muhammad Amjad Rafiq allowed the appeals and acquitted the convicts.
Published in Dawn, August 11th, 2021
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