Law: Control of Narcotics Substances Act, 1997

Section: 9(c),36(2)

Law: Criminal Procedure Code (V of 1898)

Section: 161,173,340(2),342

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

Section: R.3,4,4(2),6

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of contraband charas in huge quantity--86.400 k.g. charas--Protocols--Sample--Report of Sample--Violation of the Control of Narcotic Substances (Government Analysts) Rules, 2001--Imprisonment for life u/S. 9(c)--Benefit of doubt--appreciation of evidence--Acquittal of--ANF officials signaled to stop a car, But the driver tried to escape and was apprehended--He himself took out the 72 packets of charas which became 86.400 k.g. charas in toto in secret cavity made in the dickey of the car--Sample 10 grams of charas from each packet--Report of Chemical Examiner is not in line with the principles enunciated by the august Supreme Court of Pakistan--Stringent sentences have been provided for the offences under the CNSA, 1997 as such heavy onus lies on the prosecution to prove guilt of the accused beyond shadow of doubt--But on the basis of ambiguous and vague report, the prosecution has failed to prove the charge against the appellant. The lacunae lead us to infer that the very foundation on which whole prosecution case has been built has no legs to stand upon and evidence thus produced is not free from doubts--Criminal Appeal is allowed. 2015 SCMR 735; PLD 2012 SC 380 ref. Control of Narcotic Substances (Government Analysts) Rules, 2001-- ----R. 6--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 analyzed with full protocols applied thereon alongwith other details in the Certificate issued for test/Analysis by Laboratory. 2018 SCMR 2039 ref. Protocol-- ----"Protocol" means an explicit, detailed plan of an experiment, procedure or test or a precise step-by-step description of a test, including the listing of all necessary reagents and all criteria and procedures for the evaluation of the test data. Full Protocols-- ----"Full Protocols" include a description of each and every step employed by the Government Analyst through the course of conducting a test. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 36(2)--Section 36(2) of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492