Law: Control of Narcotic Substances Act, 1997

Section: 9(c),29

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Possession of narcotics---Report of test or analysis---Appreciation of evidence---Benefit of doubt---Consolidated sample---Safe custody---Scope---Accused was alleged to have been caught red handed with 3120 grams of charas---292 puries of charas were allegedly recovered from the possession of accused but the complaint prepared only one sealed packet and did not draw sample from each pury---Rule 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001 provided that it was incumbent upon the investigator/forwarding agency to give specific number to each sample and the substance from which it was prepared in order to relate to its origin---Likewise it was compulsory for the Forensic Laboratory to prepare the report with respect to each packet by specifically numbering them and giving details of full protocols of the tests applied as mandated by the said rule---Report of Forensic Laboratory revealed that one sealed parcel containing resinous material in seal parcel was received by it---Prosecution had failed to prove the safe custody of the narcotics allegedly recovered from the accused---Appeal against conviction was allowed, in circumstances. The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039 and Ameer Zeb v. The State PLD 2012 SC 380 rel. (b) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Report of test or analysis---Separate result of each sample---Scope---Rule 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001 makes it imperative on an analyst to separately mention result of each sample or piece analyzed with full protocols applied thereon along with other details in the certificate issued for test/analysis by Laboratory. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Possession of narcotics---Safe custody---Safe transmission---Chain of custody---Scope---Prosecution was to establish that the chain of custody was unbroken, non-suspicious, indubitable, safe and secure---Break in the chain of custody and…

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