Law: Control of Narcotics Substances Act, 1997

Section: 9(c),35

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

Section: 4

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 35---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Trafficking of narcotics---Dispatch of sample for test or analysis---Appreciation of evidence---Benefit of doubt---Scope---Accused was convicted for having been apprehended while trafficking thirty six kilograms of charas in his motorcar---Evidence revealed that neither motorcar was registered in his name nor a driving license was taken into possession from him---Material discrepancies existed in the statements of prosecution witnesses which also gave a hint that the prosecution case was not free from doubt---All three important witnesses of the prosecution viz, complainant, Investigating Officer and marginal witness to the recovery memo. were oblivious as to departure from the police station and arrival back to the police station nor there were any written diaries in that respect---Complainant also showed his ignorance on certain material points---Samples were delivered in the Forensic Laboratory after a delay of about five days whereas the same were required to have been sent to the Forensic Laboratory within 72 hours of its seizure as required by R. 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001---Tests on samples were carried out by the Chemical Examiner, who was not qualified to be termed as a Government Analyst within the meaning of S. 35 of the Control of Narcotic Substances Act, 1997 and the rules framed thereunder, thus, he was so declared with retrospective effect---Conviction rendered by the Special Court was set aside---Accused was acquitted of the charge---Appeal against acquittal was allowed, in circumstances. Pir Noroz Ali Shah v. The State 2019 PCr.LJ 457; Khair ul Bashar v. The State 2019 SCMR 930; Muhammad Naeem v. The State and others PLD 2019 SC 669 and Qaiser Javed Khan v. The State PLD 2020 SC 57 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 35--- Government Analyst--- Scope--- When the person who furnishes opinion and analyzing the samples is not qualified to be termed as Government Analyst under S. 35 of the Control of Narcotic Substances…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492