LAHORE: The Lahore High Court has observed that the prosecution failed to prove the guilt against Czech Republic fashion model Tereza Hluskova in the drug smuggling case.

A detailed verdict issued by a two-judge bench on the appeal of the foreign model against her conviction says the lacunas in the prosecution case cannot be ignored.

Through a short order, the bench comprising Justice Ali Baqar Najafi and Justice Sardar Muhammad Sarfraz Dogar had on Nov 1 allowed the appeal of the model acquitting her in the case.

A trial court had on March 20, 2019, sentenced the foreign model to eight years and eight months in jail for making an attempt to smuggle heroin from Lahore airport to Abu Dhabi in 2018. The trial court had also imposed a fine of Rs113,000 on the model.

As per the prosecution, the 21-year-old Czech model was trying to smuggle 8.5kg heroin from Lahore airport to Abu Dhabi on Jan 10, 2018, but was intercepted by customs officials. The prosecution presented nine witnesses against the suspects.

The verdict authored by Justice Najafi notes that the complainant and the prosecution witness, customs inspector Pervez Ahmad Qazim, has not been able to show any official document on the basis of which he was permitted to perform his duties at the airport.

The judge observes that the inspector admitted that the distance between the Custom House and the airport is 15km, then how he took almost 12 hours to reach.

He says the complainant claims that the shift in-charge at the airport retained cutter, manicure and monitor and also field test tube kit but he has not stated a word regarding handing over the said articles by the previous shift in-charge to him.

Also read: Lahore court sentences Czech model to 8 years, 8 months in jail for smuggling narcotics

“This raises the question of the availability of instruments to open the suitcase and kit for testing the off-white powder,” the judge observes in the verdict.

He states that according to the complainant, the appellant was searched by Constable Naheed Akhtar but the woman officer was not produced as a witness.

The judge remarks that the investigating officer says the investigation was entrusted to him on Jan 10, 2018, and about 9am he reached the place of occurrence. He also admits that when he reached the place of occurrence, many people gathered there but he did not ask anything from any of them.

“He also admitted that he did not investigate as to how and when the luggage and narcotics were shifted from the airport to the Custom House, ‘’ notes the judge.

The judge further observes that the IO did not take CCTV footage at the airport during investigation though admitted that the cameras were installed outside and inside of the airport.

“In such like incident, the CCTV footage are mandatory which rule out the possibility of false implication to a good extent,” the judge maintains.

“Such are the lacunas in the prosecution case which cannot be ignored, therefore, obviously we can safely conclude that the prosecution has failed to bring the guilt against the appellant,” the verdict concludes.

The Czech model left Pakistan on Saturday after her release from the Kot Lakhpat jail.

Published in Dawn, November 23rd, 2021