Law: Control of Narcotics Substances Act, 1997

Section: 2(t),2(w),2(x),9,9(c),34

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 34---Narcotics Testing Laboratory---Chemical Examiners---Ill-equipped laboratories---Chemical Examiners lacking required qualifications and experience---Lack of interest shown by Executive in assisting courts in narcotics cases---Observations made with respect to the (dismal) state of affairs of existing Narcotics Testing Laboratory and Chemical Examiners. [Minority view] Following observations were made with respect to the dismal state of affairs of existing Narcotics Testing Laboratory and Chemical Examiners: "Reports prepared by Chemical Examiners were not up to the mark. Chemical Examiners were taking their important task very lightly, conveniently ignoring the fact that their report alone would render the substance to be a particular narcotic substance. Existing Narcotics Testing Laboratories set up the Federal and Provincial Governments were neither modern laboratories, well equipped with the modern techniques, nor managed and headed by the experts of required qualifications and experience, essential for chemical analysis of narcotics. In this way, both the Federal and Provincial Governments had not fulfilled their statutory obligations under the provision of section 34 of Control of Narcotic Substances Act, 1997. Such attitude on the part of the Executive fully exposed the degree of interest it had taken, to assist in the administration of justice on matters relating to narcotics substance. For this very reason, the so-called (chemical) experts and ill-equipped laboratories were forwarding reports to the Courts, bereft of sound reasons. Such reports did not contain the chemical and physiological formula and percentage of each alkaloid found in the substance essential to form a fair conclusive opinion regarding its potency of causing intoxication." Per Gulzar Ahmed and Anwar Zaheer Jamali, JJ; disagreeing with observations recorded by Dost Muhammad Khan, J. [Majority view]: In the present case there was no need to make observations on the qualification of a Chemical Examiner as there was no challenge before the court about such issue by the appellants/accused persons. To the extent of…