Law: Control of Narcotics Substances Act, 1997

Section: 9(c),36

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

Section: 6

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) 36---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr.5 6---Possession of narcotics---Report of Government Analysts---Failure of Analysts to mention full protocols of tests applied---Effect---Prosecution case was that on spy information, police intercepted the vehicle of accused and recovered sixty seven packets of charas, weighing eighty kilograms from its secret cavities---First Information Report as well as the memorandum of recovery showed that a consolidated sample of 670 grams had been separated from the 67 packets taken into possession---No separate samples had been secured and tested vis-a-vis the substance, contained in each packet---Consolidated sample of 670 grams of recovered substance was then tested positively by the Chemical Examiner---Samples had to be secured from every bag or packet of narcotic substance recovered in a case and each such sample was to be separately tested by the Chemical Examiner---Report of Forensic Science Laboratory did not purport the necessary protocol, as such could not be termed to be conclusive proof that the recovered substance was charas---Prosecution had failed to establish the safe custody of the recovered substance during trial, while not producing mohorrir of the Levies Station---Even safe transmission of the samples of the recovered substance from the local Levies Station to the office of the Chemical Examiner had not been proved by the prosecution---Prosecution case was that the narcotic substance in the present case recovered from secret cavities of the vehicle, which was allegedly driven by the accused, as such, it was incumbent upon the prosecution to establish the presence of such cavities, but no such evidence worth its name had been brought on record in that respect---Recovery witness had admitted the absence of secret cavities in the body of vehicle during the course of cross-examination---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Ameer Zeb v. State PLD 2012 SC 380 and State through…

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