The High Court Division has acquitted Mr. Parvez Alam Sumon, a Bangladeshi-born British citizen, after setting aside his death sentence in a high-profile narcotics case.

The Foreign Postal Department at Sylhet Airport seized four incoming packets from Pakistan containing 7.95 kg of heroin. Officials discovered the suspicious powder during a routine excise duty assessment. Following chemical verification, authorities filed a First Information Report (FIR) on March 13, 2014.

Police arrested co-accused Mr. Hosen Ahmed (alias Manik), allegedly based on Call Data Records (CDR). However, the prosecution failed to present or exhibit the CDR in court. Mr. Manik later gave a judicial confession implicating Mr. Parvez Alam Sumon. The police subsequently filed a charge sheet against both individuals.

The Metropolitan Sessions Judge Court, Sylhet conducted the trial and examined 34 prosecution witnesses. The learned judge convicted both accused under Table 1(kha) of Section 19(1) of the Narcotics Control Act, 1990. The court sentenced both men to death and imposed a fine of Tk 100,000 each.

During the Death Reference hearing before the High Court Division, Senior Advocate Mohammad Shishir Manir, Head of Chambers at Law Lab, represented Mr. Parvez Alam Sumon. Advocate Abdullah Sadiq Counsel at law Lab and Advocate Mohammad Shah Newas senior Associate at Law Lab assisted him.

Mr. Manir argued that the prosecution presented no substantive evidence against Mr. Sumon. He emphasized the following points:

• None of the 34 prosecution witnesses made any specific allegation against Mr. Sumon.

• Under Bangladesh law, a co-accused's confession does not constitute independent evidence. It cannot sustain a conviction without strong corroborating material, which was completely absent in this case.

To support his submission, Mr. Manir cited a landmark precedent from the Supreme Court of Appeal of South Africa (S v Muholi [2006] ZASCA 38). In that matter, the court set aside a conviction under identical circumstances because the state failed to prove beyond reasonable doubt that the accused performed any act related to collecting the heroin.

Accepting the Mr. Manir’s arguments, the Hon’ble High Court Division held that this was a case of "no evidence" and acquitted Mr. Parvez Alam Sumon of all charges.

Heartiest Congratulations to the entire Law Lab Team involved in this landmark case. Wishing the team continued success in upholding the cause of justice and the rule of law.