The Supreme Court of Pakistan has acquitted Zahid Nawaz, accused in a narcotics recovery case, after declaring that the investigation violated the principles of a fair trial and justice. The verdict was authored by Justice Muhammad Hashim Khan Kakar in a detailed six-page judgment, with Justice Ishtiaq Ibrahim and Justice Ali Baqir Najafi also on the bench.
According to the prosecution, police claimed to have recovered 1,280 grams of cannabis from Zahid Nawaz on December 14, 2022. However, the Court highlighted critical flaws in the case, primarily that the complainant and investigating officer were the same person — Inspector Muhammad Naeem Zia.
The judgment observed: “No one can be a judge in his own case. Justice must not only be done but must also be seen to be done. When the complainant himself conducts the investigation, transparency is compromised.”
The Court further noted that the chain of custody of the seized contraband was not proven. The prosecution failed to explain why the 64-gram sample was sent to the lab after a 15-day delay and why the remaining 1,216 grams of cannabis was deposited in the malkhana 12 days later. Such lapses, the Court ruled, make it unsafe to convict.
Zahid Nawaz had consistently claimed bias, stating that Inspector Naeem Zia used to take free food and credit from his hotel. When he demanded payment, the officer allegedly fabricated a false case against him. The Court acknowledged this defense, stating that the accused had raised objections to the investigation’s fairness from the very beginning.
Justice Kakar’s judgment underscored:
- The complainant cannot simultaneously act as the investigating officer, as it undermines the
Very foundation of justice.
- While police officials can testify, convictions cannot rely solely on official witnesses without
Independent corroboration.
- Prosecution must establish the chain of custody beyond doubt, failing which the benefit of doubt goes to the accused.
Finding that the prosecution failed to prove the case beyond reasonable doubt, the Supreme Court set aside the conviction and acquitted Zahid Nawaz.