Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of charas--Report of Chemical Examiner must contain full protocols adopted during test as well as reasons on which analyst formulated his opinion--It is evident from perusal of report that it does not indicate protocols applied to carry out test, except concluding remarks that “blackish resinous material in sealed parcel contains Charas”--Mandatory requirements of law provided under Rule 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001 have not been complied with--Report of Forensic Expert must mention all tests and analysis of alleged drug, result of each test carried out alongwith consolidated result and name of all protocols applied to carry out these tests--Moreover, presumption of correctness is attached to report of Government Analyst under Section 36(2) of Control of Narcotics Substances Act, 1997 underlines statutory significance of report, therefore, details of test and analysis in shape of protocols applied for test are necessary to safeguard rights of parties--Report of PFSA produced in evidence in case of ‘Khair-ul-Bashar’ supra was turned down by Hon’ble Supreme Court of Pakistan being unreliable and not worthy of credence--As report produced in case in hand is identical to report submitted in case of ‘Khair-ul-Bashar’ supra which was declared un-reliable by Apex Court; therefore, report of Punjab Forensic Science Agency, Lahore is also not worthy of reliance--Forensic report issued by Punjab Forensic Science Agency, Lahore in this case is neither valid piece of evidence nor carried any sanction of law in light of of Apex Court in ‘Khair-ul-Bashar’ supra, hence, same cannot be read against appellant--Conviction and sentence recorded by trial Court cannot be upheld on basis of such inadmissible evidence--Criminal appeal was allowed. 2018 SCMR 2039 and 2019 SCMR 930. JUDGMENT Ch. Mushtaq Ahmad, JUSTICE. Ijaz Ahnied alias Jajji through this criminal appeal has called in question the legality of judgment dated 12.10.2017 delivered by learned Additional Sessions Judge/Judge, Special Court (CNS), Wazirabad whereby he…

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