Law: Control of Narcotic Substances Act, 1997

Section: 6 & 9(1)3(c)

Law: Qanun-e-Shahadat Order, 1984

Section: 117

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 6 & 9(1)3(c)--Safe custody--Question of--It is settled principles of law that, whenever question of safe custody and safe transmission is raised and chain of custody is broken, report of chemical examiner loses its sanctity and cannot be relied upon safely to convict an accused person.        [Para 13] A 2018 SCMR 2039. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 6 & 9(1)3(c)--Case property--It is mandatory for Prosecution to undergo two tests for case property--Firstly, to recover, seize, present in charge sheet or challan and to establish safe custody by preparation of documents flawless in description, accuracy, deposit in save custody with proper status and secondly, safe transmission of it under proper documents from save custody to Chemical Lab and from Chemical laboratory to Police and production before Court as an admissible evidence--Any violation of it would lead to draw a negative inference that led basis for acquittal of an accused.                                                                                            [Para 15] B 2022 SCMR 1641; 2015 SCMR 1002 & 2018 SCMR 2039. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art--117--Safe custody or safe transmission of Narcotics to be considered and Focused carefully and if it is not substantiated or based on, unpersuasive evidence, Report of Government Analyst becomes doubtful and unreliable--The prosecution is under mandatory duty to prove its case not only beyond reasonable doubt but also lays with burden of proof of safe-custody and safe-transmission of case property under Article 117 of Qanun-e-Shahadat Order, 1984--The…