| Citation(s) |
|---|
| 2025 SLG 2282 2025 SLD 2282 = 2025 YLR 835 |
Lahore High Court
Crl. Misc. No. 60701-B of 2024, decided on 1st November, 2024.
Before Ali Zia Bajwa, J
Muzammal Shahzad Sial for Petitioner. Hammad Akbar Wallana,Special Prosecutor for ANF and Sumaira yaseen Inspector AYNF with Police record. Sabir Saqlain, Legal Advisor PFSA, Khalida Sattar, Law Officer, PFSA, Muhammad Mubahasar and Umar Sharif Ali, Forensic Scienctists.
Crl. Misc. No. 60701-B of 2024, decided on 1st November, 2024.
Before Ali Zia Bajwa, J
Muzammal Shahzad Sial for Petitioner. Hammad Akbar Wallana,Special Prosecutor for ANF and Sumaira yaseen Inspector AYNF with Police record. Sabir Saqlain, Legal Advisor PFSA, Khalida Sattar, Law Officer, PFSA, Muhammad Mubahasar and Umar Sharif Ali, Forensic Scienctists.
HABIB-UR-REHMAN---Petitioner
VERSUS
The STATE and another---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Control of Narcotic Substances Act, 1997
Section: XXV,9
Criminal Procedure Code (V of 1898) -------S. 497 ( 2) --- Control of Narcotic Substances Act( XXV of 1997), S. 9 --Possession of psychotropic substance allegedly absorbed in clothing items ---Postarrest bail , grant of --- Exact quantity of the substance not specified in the forensic report ---Further inquiry---Quantitative and qualitative testing--- Significance--Upon receiving information from the Branch Manager of international courier service (DHL Worldwide Express) , an A.N.F. raiding team(complainant) visited the office, where the Manager handed over a parcel having been booked by the petitioner / accused for delivery abroad --- Upon inspection of the parcel, twelve clothing items (like quilt / pillowcover, oblong cushion covers, fabric, cotton ) were allegedly foundsoaked with methamphetamine / ICE having combined weight of 12 kilograms---Recovered clothing items were sent to the Punjab Forensic Science Agency (PFSA) for analysis to detect the presence of the alleged psychotropic substance--- PFSA report revealed that, out of the twelve clothing items, only four contained ICE---Although the Forensic Report confirmed that the four clothing items were saturated with the psychotropic substance known as ICE, it did not include a quantitative analysis to determine the exact amount of ICE present---Said omission left the precise quantity of the psychotropic substance undetermined---In the context of narcotic substances analysis in Pakistan, particularly under the CNSA, the terms qualitative and quantitative tests refer to two key aspects of forensic testing conducted to determine the nature and quantity of narcotic substances in a sample--- These tests are typically carried out by forensic labs and are crucial for evidence in narcotics cases--- A qualitative test identifies the specific type of narcotic in a sample, confirming whether it is a narcotic drug or psychotropic substance under CNSA--- Using advanced techniques such as chromatography, mass, and infrared spectroscopy, the test reveals the substance's unique chemical profile, verifying its nature and legality---On the other hand, a quantitative test determines the precise concentration of a narcotic…