Law: Constitution of Pakistan, 1973

Section: 199

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

Section: R.3,5,6

Law: Criminal Procedure Code (V of 1898)

Section: 382-B,510

Law: Control of Narcotics Substances Act, 1997

Section: 9,9(c),34,35,36,36(1),76

Constitution of Pakistan, 1973-- ----Art. 199--Control of Narcotic Substances Act, (XXV of 1997), Ss. 9(c), 34, 35 & 36--Control of Narcotic Substances (Government Analyst) Rules, 2001, R. 3--Constitutional petition--Conviction and sentence--Appeal--Benefit of Section 382-B, Cr.P.C--Partially--Allowed--Case was remanded back to trial Court--Direction to decide matter fresh--FSL laboratory was lacking of facilities--Ulterior motive--Requirements of report--Purposive interpretation of statute--Safe administration of Justice--Direction to--Under Section 36 of Act, report of Government Analyst, whilst being admissible in evidence without formal proof, is rebuttable and can be questioned, but Court is free to examine and assess whether it meets requirements of report under Act and Rules, even if report is not rebutted by accused--Report of Government Analyst must carry out information required in Rule-6 is to ensure that convictions under Act are based on reliable and credible report--Courts can apply purposive interpretation of statute to bridge gap between law and safe administration of criminal justice system based on prudence, caution, circumspection and judiciousness--Respondents-departments are directed to comply with provisions of Control of Narcotics Substances (Government Analysts) Rules, 2001, in letter and spirit--Depute/appoint eligible and competent persons in view of rule-3 of ibid rules having prescribed qualification and experience and equipped certified/notified Testing Laboratories in accordance with standard/requirements of test/analysis as prescribed in Act/Rules for safe administration of justice--Petition was allowed. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 36(1)-- Control of Narcotic Substances (Government Analyst) Rules, 2001, R. 6--Mandat of rules, necessary protocol--Section 36(1) of Act read with rule-6 of Rules, 2001, mandates that report must be in prescribed form and a complete mechanism is to be adopted by Chemical Examiner upon receipt of samples and a report is then to be submitted by him referring to necessary protocols, and mentioning tests applied, in quadruplicate in "the prescribed form" and if report…

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