ISLAMABAD - The Supreme Court on Wednesday set a principle that ‘if there is no safe custody or safe transmission of recovery then benefit of doubt will be given to the accused’.

A three-judge SC bench headed by Chief Justice of Pakistan Asif Saeed Khosa following the principle acquitted a life-imprisoned convict, Hamayon Khan, who was arrested in 18.75 kg charas smuggling case in January 2010.

During the course of proceedings, the CJP observed that the recovered drugs were not kept in safe custody in the police station, moreover, no one knew the person concerned who had taken their sample to laboratory and collected the results.

Neither the Police Muharar appeared before the court nor his statement was recorded, he added.

CJP Khosa said “We are setting a principle that wherever there is a doubt in safe custody or in safe transmission of the recovery, benefit of doubt will be given to the accused.”

He knew many accused would be released after citing the principle but now the law would be interpreted accurately, he added.

Subsequently, the court acquitted the accused, who was awarded imprisonment for life by the trial court, which was upheld by the high court.

SC acquits convict after 11 years

The Supreme Court on Wednesday acquitted life-imprisoned convict Abdul Khaliq, kept in custody from 2007 for murdering a barber Mazhar Hussain with scissors.

A three-judge bench headed by Chief Justice Asif Saeed Khosa heard the appeal moved by the convicted person against the decision of the Lahore High Court.

According to details, Hazoor Bakhsh father of the convict visited the barber Mazhar Hussain to shave his beard but the deceased person shaved his head instead.

Convict Abdul Khaliq when came to know that the barber had made fun of his father, he went to the barber’s shop and attacked Mazhar Hussain with his own scissors only one time who got two injuries and could not survive.

The chief justice observed that the murder was not a planned one that Section 203-B of the Criminal Procedures Code (Crpc) could apply, however, it was a sudden happening and 302-C would apply to it.

He also observed that the convicted person spent 11 years behind the bars and now he should be released. Subsequently, the court passed acquittal orders of Abdul Khaliq.