Law: Control of Narcotics Substances Act, 1997

Section: 9(c),36

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),382B

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

Section: R.6

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 36---Control of Narcotic Substances (Government Analyst) Rules, 2001, R. 6---Possession of narcotic drug---Delay in registration of FIR---Safe custody and transmission---Proof---Report of Government Analyst---Non-mentioning of protocols of test applied---Effect---Prosecution case against accused was that he tried to smuggle heroin from international airport---Police, on secret information, apprehended accused and recovered huge quantity of heroin---Held; recovery was made at 12:45 a.m. (night) whereas complaint was prepared at 9:30 a.m. (next morning); such delay raised questions qua veracity of the case and signaled towards consultation, concoction, inducement and procurement on the part of prosecution---Forty five cartons were checked and only footballs were found therein, on further checking of two cartons, heroin was found therein---Prosecution witnesses could not separately point out before the court about the cartons from which heroin was allegedly recovered and could not prove safe custody and transmission of heroin to the Government Analyst---Prosecution witness deposed before court that he handed over recovered parcel to other prosecution witness who deposed on the same lines---Complainant deposed that he transmitted the recovered parcel to the Government Analyst---Report of Government Analyst revealed that he received parcels/samples from Incharge Anti-Narcotic Force by hand---Government Analyst had not mentioned the protocols of tests conducted by him which made the report inconclusive and rendered the same invalid and not reliable for the purpose of conviction---Appeal was allowed in circumstances and conviction and sentence recorded against accused was set aside. Ikramullah and others v. The State 2015 SCMR 1002; The State through Regional Director ANF v. Imam Bakhsh 2018 SCMR 2039 and Abdul Razzaque v. The State (Criminal Review Petition No.69 of 2018 rel. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, J.--- This appeal has been filed against the judgment dated 01.06.2016 passed by the Judge, Special Court CNS, Lahore, whereby in case arising out of FIR No.41/2013 dated 30.10.2013…

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