| Citation(s) |
|---|
| 2026 SLD 3450 |
Criminal Appeal No.1092-P/2025
Presented By: (MUHAMMAD IJAZ KHAN) JUDGE
Present: Mr. Amjid Noor Afridi, Advocate, for the appellant. Mr. Tariq Khan Kakar, Special Prosecutor ANF, for the State/ANF. Date of hearing: 26.03.2026
Islam Noor… Appellant.
VERSUS
The State through Special Prosecutor ANF Respondent.
Law: Control of Narcotic Substances Act, 1997
Section: 6, 8, 9(1)(a), 9(1)(c)
Law: Code of Criminal Procedure, 1898
Section: 382-B
Summary
The appellant, Islam Noor, was convicted by the Special Court (CNS-II), Peshawar for possessing 580 grams of heroin recovered from 99 capsules extracted from his stomach at Bacha Khan International Airport while attempting to travel to Sharjah. He was sentenced to 10 years' rigorous imprisonment under Section 9(1)(c) of the Control of Narcotic Substances Act, 1997.
On appeal, the High Court found that although 99 capsules were recovered, the Investigating Officer improperly opened all capsules, mixed (amalgamated) their contents into one parcel, and sent the entire 580 grams to the Forensic Science Laboratory (FSL). The FSL, however, tested only a 10-gram sample, while the remaining 570 grams was returned unopened.
Relying on the Supreme Court precedents, particularly Ameer Zeb v. State (PLD 2012 SC 380), the Court held that each packet/capsule must be sampled and tested separately. Since only a consolidated sample was examined, the prosecution failed to prove that all 99 capsules contained heroin.