ISLAMABAD: The prosecution had “twisted facts” to convict PML-N leader Hanif Abbasi in the case related to misuse of controlled chemical ephedrine, stated the Lahore High Court (LHC) while setting aside the conviction.
A two-member LHC division comprising Justice Asjad Javaid Ghural and Justice Aalia Neelum had acquitted Mr Abbasi earlier this month after he filed an appeal against the conviction.
Giving reasons for the decision, the bench, in the detailed verdict, stated that a Control of Narcotics Substances (CNS) Court sentenced Mr Abbasi for life days before the 2018 elections for the misuse of 500kg ephedrine.
The case surfaced in March 2011 when the then federal minister Makhdoom Shahabuddin said the government would investigate the alleged allocation of 9,000kg of ephedrine to two pharmaceutical companies, Berlex Lab International and Danas Pharmaceutical Ltd.
Court says nothing put on record to prove allegations against PML-N leader
According to the rules, a company cannot be allocated more than 500kg of the drug, a limit fixed by the International Narcotics Control Board.
The Anti-Narcotics Force registered a case in June 2012 against nine suspects, including Mr Abbasi.
The PML-N leader was facing the case when he submitted his nomination papers for a National Assembly seat in Rawalpindi for the 2018 elections.
His candidature was challenged in the LHC. While hearing the case in June 2018, former LHC judge Ibadur Rehman Lodhi ordered the CNS court to decide the case against Mr Abbsi by July 21 — four days before the general elections on July 25.
‘Twisted facts’
In the detailed order, the court noted that the prosecution witnesses “tried to twist” facts to convict the principal accused — Mr Abbasi.
“From the testimony of this witness, we can safely conclude that no hard and fast rule can be applied for calculating the percentage of wastage. However, the witness … during cross-examination, conceded that neither the prosecution has any witness who can claim that the ephedrine was sold or available in raw form in the open market nor the same was recovered from the possession of anyone.”
The verdict added the prosecution “miserably failed” to bring on record any material to prove that the ephedrine quota allotted to Mr Abbasi’s company was “misused, sold, distributed, delivered, transported, or smuggled in violation of the above rules”.
“…[T]here is no connecting link that the appellant — Muhammad Hanif Abbasi, had sold out
ephedrine to anyone, including smugglers, and no misuse of ephedrine has been brought on the record by the prosecution“.
While setting aside the conviction, the order stated there was “inherent illegality” in the case and the conviction “cannot be upheld, and findings in this regard are required to be set aside”.
Published in Dawn, October 29th, 2023
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