Case Details

Citation(s)
2020 SLG 148 2020 SLD 148 2020 SCMR 196
Supreme Court of Pakistan
Criminal Petition No. 1121 of 2017, decision & hearing Dated: 02-12-2019. (Against judgment Dated 21.9.2017 of the Lahore High Court, Multan Bench passed in Cr. A. No. 482 of 2014)
MANZOOR AHMAD MALIK, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE AMIN-UD DIN KHAN, JUSTICE
Petitioner(s) by: Shahid Azeem, Advocate Supreme Court
Respondent(s) by: Mirza Abid Majeed, Deputy Prosecutor-General Punjab

MUHAMMAD BOOTA

VS

THE STATE AND ANOTHER

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

Section: R.6

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics--- Report of Government Analyst---Protocols/procedure---Confirmatory forensic conclusions to establish narcotic character of a substance must be supported by the protocol/procedure mandated by R. 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001---Non-compliance of R. 6 would render the report of the Government Analyst inconclusive, suspicious and untrustworthy and would not meet the evidentiary assumption attached to such report. The State through Regional Director ANF v. Imam Bakhsh 2018 SCMR 2039 ref. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Muhammad Boota, petitioner herein, was tried alongside Rashid Ali, acquitted co-accused, by a learned Addl. Sessions Judge at Multan; surprised by a police contingent, they were intercepted while transporting 15 sacks of Bhang, weighing 5 mound, on 11.6.2013 within the precincts of Police Station Baha-ud-Din Zakariya Multan; convicted under section 9(c) of the Control of Narcotic Substances Act, 1997, both were sentenced to imprisonment for life along with fine of Rs.25,000/- or to undergo simple imprisonment for one year in default thereof. A learned Division Bench of Lahore High Court at Multan acquitted Rashid Ali convict from the charge while maintaining petitioner's conviction and sentence vide impugned judgment dated 21.9.2017, vires whereof are being…
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