Supreme Court Ruling on Recording Evidence in Drug Cases

Supreme Court Ruling: Mobile Phones Become Key Evidence in Drug Cases

2024 SCMR 934

PLJ 2024 SUPREME COURT (CRIMINAL) 8

Headnote

Supreme Court directs police to record and photograph drug seizures and arrests

Facts

The petitioner, Zahid Sarfaraz Gill, was arrested by the Anti-Narcotics Force (ANF) on charges of possessing heroin. The petitioner denied the charges and filed a bail application in the High Court, which was dismissed. The petitioner then filed a bail petition in the Supreme Court.

Issue

Whether the ANF is required to record and photograph drug seizures and arrests.

Holding

The Supreme Court held that the ANF is required to record and photograph drug seizures and arrests. The Court reasoned that such evidence would be useful to establish the presence of the accused at the crime scene, the possession by the accused of the narcotic substances, the search and its seizure. It may also prevent false allegations being levelled against ANF/police that the narcotic substance was foisted upon them for some ulterior motives.

Order

The Supreme Court directed the ANF to issue a circular to all its officers instructing them to record and photograph drug seizures and arrests. The Court also directed the ANF to consider amending its rules to make such recordings mandatory.

Commentary

This case is an important step in the fight against narcotics trafficking in Pakistan. The Supreme Court's ruling will help to ensure that drug cases are prosecuted more effectively and that innocent people are not convicted.

Analysis

The Supreme Court's ruling is based on a sound legal foundation. Article 164 of the Qanun-e-Shahadat, 1984 specifically permits the use of any evidence that may have become available because of modern devices or techniques. In this case, the use of mobile phone cameras to record and photograph drug seizures and arrests is a simple and effective way to collect evidence that would otherwise be unavailable.

The Supreme Court's ruling is also in line with international best practices. The United Nations Office on Drugs and Crime (UNODC) recommends that law enforcement agencies use all available means to collect evidence, including video recordings and photographs.

The Supreme Court's ruling is likely to have a significant impact on the prosecution of drug cases in Pakistan. The ANF is now required to record and photograph drug seizures and arrests, which will help to ensure that drug cases are prosecuted more effectively. This will also help to deter false allegations against the ANF and police.

Impact

The Supreme Court's ruling is likely to have a positive impact on the fight against narcotics trafficking in Pakistan. The use of video recordings and photographs to collect evidence will help to ensure that drug cases are prosecuted more effectively and that innocent people are not convicted. This will also help to deter false allegations against the ANF and police.

Conclusion

The Supreme Court's ruling in 2024 SCMR 934 is a significant step forward in the fight against narcotics trafficking in Pakistan. The ruling is based on a sound legal foundation and is in line with international best practices. It is likely to have a positive impact on the prosecution of drug cases and the fight against drug trafficking in Pakistan.