State thr. ANF Peshawar vs Olufemi
This criminal appeal arises from a judgment of the Peshawar High Court acquitting the respondent, a Nigerian national, who had been convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997 for the possession of 25 kilograms of heroin and sentenced to life imprisonment. The High Court had set aside the conviction primarily due to non-compliance with the procedure for destroying the contraband under Section 516-A of the Code of Criminal Procedure, 1898. The Supreme Court of Pakistan declined to examine the merits of the arguments or interfere with the acquittal, noting that the respondent had already left Pakistan and was no longer within the realm, rendering any reversal of the judgment an academic exercise that would necessitate a cumbersome and inconvenient extradition process. Consequently, the Supreme Court dismissed the appeal.
- Whether the Supreme Court will decide an appeal on merits when the respondent has left the country and is no longer within the realm?
- Does the non-compliance with procedural requirements for destroying contraband under Section 516-A of the Code of Criminal Procedure, 1898 warrant interference with an acquittal when the respondent is absent?
- Whether an appellate court should refrain from undertaking an academic exercise that would lead to a cumbersome extradition process?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
- Section 516-A, Code of Criminal Procedure 1898
1. Olufemi, a Nigerian national, respondent herein was surprised by contingent of Anti Narcotics Force, Haripur; he was found with 25 kilograms of heroine and sent to face trial before a learned Judge, Special Court (CNS), Peshawar, camp at Abbottabad; returned a guilty verdict; he was convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to imprisonment for life along side to the tune of rupees one million or five year S.I. in default thereof with benefit under Section 382-B of the Code of Criminal Procedure the learned Peshawar High Court vide impugned judgment dated 17.6.2004, however proceeded to acquit him from the charge primarily on the ground that, contraband allegedly recovered was destroyed in violation of procedure provided under Section 516 A of the Code ibid, vires whereof are being disputed with considerable vehemence on the ground that destruction of the contraband under magisterial supervision ruled out possibility of any foul play and thus strict non-compliance with the suggested procedure would not vitiate respondent's culpability, otherwise firmly established through massive evidence, it is concluded by the learned standing counsel.
2. We would abstain to examine the vires of arguments raised before us in absence of the respondent, a Nigerian national, reported to have left Pakistan as in his absence the exercise would be merely an academic discussion without consequential impact; for yet another reason we find it inexpedient to interfere with the impugned judgment as in the event of reversal of the impugned view, a cumbersome procedure of respondent' s extradition would be a process far from convenient. Much water has flown under the bridge; the contraband has since been destroyed with respondent no longer within the Realm. Appeal is dismissed.