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

Section: R.6

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,382B

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),15,48

Quantity of Recovered Narcotic Substance-- ----Sentenced depend upon the quantity of narcotic substances--Determinative factor--It is, therefore, absolutely necessary that in all such cases there should be no room for doubt as to the exact quantity of the substance recovered and also as to the entire recovered substance being narcotic substance--We may also observe that in such cases it is the accused person who is at the receiving end of long aid stringent punishments and, thus, safeguards from his point of view ought not to be allowed to be sacrificed at the altar of mere comfort or convenience of the prosecution"--Therefore, it ruled that a separate sample should be taken from every packet of cake/slab of the substance allegedly recovered from an accused's possession and sent to the Chemical Examiner for analysis. PLD 2012 SC 380 & 2018 SCMR 2039 ref. Control of Narcotic Substances (Government Analysts) Rules, 2001-- ----R. 6--It was mandatory for the Chemical Examiner to mention full protocols of the test applied while drawing his report in respect of the samples sent to him. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 48, 9(c) & 15--Conviction and sentence--Challenge to--Recovery of opium--According to the prosecution a total of 24 packets of opium were recovered from the appellants and PW drew 10 grams from every packet and prepared 24 sealed sample parcels for chemical analysis--However, the report of the Chemical Examiner produced during the trial is a consolidated report of 24 samples--Further, it does not gave any detail of the protocols applied for testing the samples--In view of the law discussed hereinabove, it has no evidentiary value and cannot support the evidence furnished by Constable and SI PWs--It cannot form the basis for recording conviction against the appellants. PLD 2012 SC 380, 2018 SCMR 2039, ref. THIS JUDGMENT DELIVERED BY: TARIQ SALEEM SHEIKH, J.- Through this appeal under Section 48 of the Control of Narcotic Substances Act, 1997 (the "CNSA"), the Appellants have challenged the vires of judgment dated 22-04-2015 passed by the learned Additional Sessions Judge, Multan, in case FIR No. 8/2012 dated…

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