Law: Control of Narcotic Substances Act, 1997

Section: 9(C)

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

Section: 6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession and transportation of 80 kilograms of charas---Reappraisal of evidence---Safe custody and transmission of samples of the narcotic from the police to the chemical examiner not established---Duplicate forensic report presented---Held, that the prosecution failed to establish the essential link of safe transmission of samples to the office of Chemical Examiner as despite opportunity the relevant official, who had delivered the samples, failed to enter the witness box---Furthermore the prosecution relied on a duplicate forensic report, which was inadmissible in evidence, to confirm narcotic character of the contraband---Supreme Court observed that such appalling inaptitude of the functionaries tasked to prosecute the crime, left no juridical possibility to maintain accuseds conviction---Petition for leave to appeal was converted into appeal and allowed and the accused was acquitted of the charge. (b) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Possession of narcotics---Duplicate forensic report/Report of Government analyst---Such duplicate forensic report was inadmissible in evidence. JUDGMENT QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- A contingent of Naushahro Feroze police, after a hot pursuit, intercepted a suspicious truck bearing registration No.E-5318, ostensibly transporting a cargo comprising 100 bags of potatoes with 80 packets of cannabis, surreptitiously concealed in the secret cavities thereof, at 4:00 p.m. on 21.4.2010; the petitioner was on the wheel; the vehicle and the contraband, weighed as 80 K.G, were secured vide inventories; forensic analysis of the samples, separated from the each packet, confirmed narcotic character thereof. As the investigation progressed, one Abdul Latif Gul, since P.O., was identified as the man behind the scene. The petitioner claimed trial, pursuant whereto, prosecution produced two witnesses as well as case property consisting the impounded vehicle and the contraband, confronted by the petitioner with denial; he was returned a guilty verdict with imprisonment for life vide judgment dated 02.04.2011, upheld…

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