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

Section: R.5,6

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----Rr. 5 & 6---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Report of Government analyst---Safe custody and transmission of samples of the alleged drug from the police to the Chemical Examiner---In cases where the chain of custody was broken, the report of the Chemical Examiner lost its reliability making it unsafe to support conviction---In the present case the sample of narcotic was dispatched to the Government Analyst for Chemical Examination through an officer of the Anti-Narcotics Force, but the said officer was not produced to prove safe transmission of the sample from the police to the Chemical Examiner---Chain of custody thus stood compromised---Resultantly, it would be unsafe to rely on the report of the Chemical Examiner---Conviction and sentence of accused was set aside in circumstances---Appeal was allowed accordingly. State v. Imam Bakhsh 2018 SCMR 2039 ref. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, J.--- Appellant was booked1 under section 9(c) of the Control of Narcotic Substances Act, 1997 ("Act"), for being in possession of narcotic drug. After regular trial, she was convicted under section 9(c) of the Act and sentenced to imprisonment for life by the trial court. The appeal of the appellant before the High Court was dismissed vide impugned judgment dated 01.4.2014. Hence, this appeal with leave of the Court granted on 17.2.2017. 2. At the very outset, we have noticed that the sample of the narcotic drugs was dispatched to the Government Analyst for chemical examination on 27.2.2006…

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