Law:

Section: 4

Frohifeiiion (Enforcement of Hadd) Order (P.O. 4 of 1979)— __ __Art   4—Owning or possessing intoxicant—Offence of—Conviction for—Chemical Examiner-Report of—Reasons for—Report of Chemical Examiner t.meagre and cryptical to allow court to place absolute faith in same—Held : Convicting petitioner merely oa around of 5 grams of substance out of quantity recovered from, petitioner found by Chemical Examiner to be charas without giving reason details of tests applied for coming to that conclusion, to-amount o fdelegation of jurisdiction of Criminal Court to Criminal Examiner—Held further : One line report of Chemical Examiner having not satisfied judicial conscience of High Court conviction and sentence of petitioner to be set aside. [Pp. 225 & 226] AfB&C AIR 1933 All. 394 ; AIR 1933 All. 837 ; AIR 1944 Bom. 321 :~ TLD  1975 Dae. 5 & PLJ 1981 Cr. C. (Lab.) 137 re/. JUDGMENT This is a revision against the order dated 20-11-1983 of the Add!. Sessions Judge 11, Rawalpindi, whereby he dismissed the appeal of the petitioner against his conviction and sentence under Article 4 of P. O. No.4 of 1979, as awarded by the learned Magistrate by his judgment dated 16-8-1983. 2.               The facts of the case are that on a secret information, raiding party consisting of members of Excise Intelligence Bureau,  Excise  Depart­ ment and police was formed.    It  raided Koila Centre and arrested the petitioner.   On his person search 70 grams of charas was recovered from him.    It   was taken into possession.    Out of 70 grams of charas, 5 grams was taken out and made into a sealed  parcel and  sent to the Chemical Examiner.    His report states that the said packet contained charas. 3.               At  the  trial    Muhammad   Anwar Inspector Excise Intelligence Bureau as PW1, Mushtaq Ahmad Janjna Assistant Excise…