Law: Oath Act, 1873

Section: 5

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),15

Law: Criminal Procedure Code (V of 1898)

Section: 164,243,265-E,265-E(2),364,382-B

Law: Qanun-e-Shahadat (10 of 1984)

Section: 163

(a) Oaths Act (X of 1873)--- ----S. 5---Statement of accused recorded on oath---Reliance---Scope---Trial Court had recorded the statement of accused-appellant on oath, which was illegality---Taking of oath by the accused was itself violation of S. 5 of Oath Act 1873---Such kind of violation was not curable under the law. Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 163---Special oath---Applicability---Article 163 of the Qanun-e-Shahadat, 1984 provided a mechanism to accept or deny the claim on Oath, although it was different from Oaths Act, 1873---Article was applicable in the civil proceedings only---Criminal cases could not be decision dated: Oath. Mst. Bashiran Bibi v. Ghulam Mohy-ud-Din and others PLD 1990 SC 83 and Abdul Sattar and others v. The State 1995 PCr.LJ 1793 rel. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), Ss. 364 & 164---Juvenile Justice System Ordinance, (XXII of 2000), S. 11-C---Possession of narcotic---Appreciation of evidence---Statement of accused recorded on oath---Scope---Release of juvenile on probation---Two packets of charas from each accused had been recovered, total weighing 05 Kilograms---Record showed that accused-appellant was a young girl, who had stated to be born on 04.02.2001 and presently she was hardly 19 years old---Accused/girl was arrested on 02.12.2016 as per judicial record---Record reflected that accused was 17 years old at the time of alleged occurrence, but the Trial Court had not considered her juvenility in terms of Juvenile Justice System Ordinance, 2000 and even not referred that aspect, which was the key factor while determining the quantum of punishment---Record transpired that the Trial Court had not made any effort to peruse the certificate of test/analysis of the laboratory of Drugs Control and Traditional Medicines dated 09.01.2017, which referred the person holding four packets nominated in the case as co-accused---No report showed that the sample had ever been taken from the charas recovered from the appellant and the same was sent for the purposes of chemical…

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