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

Section: 6

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances (Government Analysts) Rules, 2001-- ----R. 6--Government Analyst, Punjab Forensic Science Agency, Lahore while preparing report has not complied with mandatory provisions of Rule 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001--Held: Report of Government Analyst due in consequence of Rule 6 must provide for (i) tests and analysis of alleged drug/narcotic (ii) results of tests carried out and (iii) test protocols applied to carry out these tests and that these three elements form fundamental and core elements of a valid report prepared by a Government Analyst--It has also been held in said case that non-compliance of Rule 6 and absence of any of these mandatory elements/requirements frustrates purpose and object of Act. 2018 SCMR 2039 and 2019 SCMR 930. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Benefit of doubt--Recovery of charas--In this case, report prepared by said Agency though carries names of tests yet it does not provide separate result of each test except a concluding result--Analyst has not bothered even to mention test protocols applied in carrying out required tests which of course is against mandate of Rule 6 hence, it is not safe to rely upon report of Government Analyst--Court is of considered opinion that appellant in such a case of narcotics cannot be convicted and sentenced only on basis of oral assertions unless it is established with certitude that material allegedly recovered from possession of appellant was a narcotic that, in our view, prosecution failed to do--Now prosecution case is bereft of any evidence regarding safe transmission of sample parcels between police station and office of Excise Taxation Officer--Statements of SI (PW.4) and ‘Moharrer’ (PW.2) do not disclose fact that how and when said parcels were taken to office of Excise Taxation Officer, Okara which fact breaks chain of circumstances qua safe custody of sample parcels required to establish credibility of report--This fact creates serious doubt regarding veracity of prosecution case against appellant--Held: High Court is of opinion that prosecution has…

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