Law: Control of Narcotics Substances Act, 1997

Section: 9,35,48

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9, 35 & 48---Possessing, import or export and trafficking of narcotics---Report submitted by Chemical Examiner not duly notified---Effect---Accused was convicted and sentenced on report of Chemical Examiner who could not be termed as a Government Analyst in terms of S.35 of Control of Narcotic Substances Act, 1997---When the person analyzing the samples could not be termed as a Government Analyst, his report being devoid of any evidentiary worth could not form basis for conviction of accused---Re-examination of the samples of narcotic by a qualified Government Analyst, in circumstances, would be just and fair not only to accused, but to the prosecution as well and remand of case would be inevitable---Impugned conviction and sentence recorded by the Trial Court, was set aside and case was sent for decision afresh after taking fresh samples and getting them examined from the Government Analyst duly appointed in terms of S.35 of Control of Narcotic Substances Act, 1997 and Rules made thereunder--- Accused was released on bail, in circumstances. JUDGMENT EJAZ AFZAL KHAN, C.J.---On receipt of a spy information that a huge quantity of narcotic shall be smuggled into Peshawar through tribal area on a bicycle, Abdul Baais Khan, S.H.O., stopped the bicycle ridden by Muhammad Israr, appellant herein. When search of the bicycle led to the recovery of 15 kg of charas, a case under section 9, C.N.S.A. was registered against him, vide F.I.R. No. 266, dated 4-6-2007 at Police Station Sarband, Peshawar. On completion of investigation, he was sent to the court of learned Judge Special Court for trial who on its conclusion sentenced him to undergo imprisonment for life with fine of Rs. 50,000 or in default to undergo five months S.I., vide judgment dated 20-6-2008. He preferred appeal in this court which was allowed, vide judgment dated 24-2-2010, by holding as under:-- "Whether the Assistant Chemical Examiner possessed the required qualifications and could be held to have been notified as such in terms of section 35 of the Act and whether such report could be made basis for convictions, are the questions which can…

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