Case Details

Citation(s)
2009 SLG 2166 2009 SLD 2166 2009 PLD 40
Quetta High Court
Criminal Appeals Nos. 297 & 318 of 2005, decided on 18th May, 2009. DATE of hearing: 29th April, 2009
AKHTAR ZAMAN MALGHANI, AHMAD KHAN LASHARI AND MUHAMMAD NADIR KHAN, JJ
Kamran Murtaza for Appellant (in Criminal Appeal No. 297 of 2005). Gohar Yaqoob Yousafzai, Special Prosecutor ANF for the State (in Criminal Appeal No. 297 of 2005). Syed Ayaz Zahoor for Appellant (in Criminal Appeal No. 318 of 2005). Gohar Yaqoob Yousafz

SHAH FAISAL and another

VS

THE STATE

Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 34 & 35---Criminal Procedure Code (V of 1898), S.510---Setting up Federal Narcotics Testing Laboratory and report of Chemical Examiner and Serologist etc.---Government was required to set up Federal Narcotics Testing Laboratory or notify any other Laboratory or Institute as Federal Narcotics Testing Laboratory---Under S.34 of Narcotic Substances Act, 1997, in addition to setting up a Federal Narcotics Testing Laboratory, the Government had also been authorized to notify an already set up Laboratory or Institution to be a Federal Narcotics Testing Laboratory---In pursuance of such powers the Government had issued Notification---Forensic Science Laboratory was a Narcotics Testing Laboratory set up by the Provincial Government and the Chemical Examiners posted therein had been notified to be Chemical Examiner under S.510, Cr.P.C.---After having been declared to be a Federal Narcotics Testing Laboratory for the purpose of Control of Narcotic Substances Act, 1997, the report of the Chemical Examiner would be a report as contemplated under S.34 of the Act---Chemical Examiner and Assistant Chemical Examiner appointed in the said Laboratory would be considered to be Government Analyst as envisaged under S.35 of Control of Narcotic Substances Act, 1997---Any report submitted by a Chemical Examiner or Assistant Chemical Examiner notified under S.510, Cr.P.C. was a report of Government Analyst within the meaning of Ss.34 & 35 of the Act and admissible in evidence---In absence of any express exclusion of S.510, Cr.P.C., the reports of Chemical Examiner and Assistant Examiner notified under S.510, Cr.P.C. were also admissible in the case registered under the provisions of Control of Narcotic Substances Act, 1997---Provisions of S.35 of Control of Narcotic Substances Act, 1997, having been couched in affirmative words, same would not affect the provisions of S.510, Cr.P.C. making the report of duly notified Chemical Examiner admissible. 2001 PCr.LJ 879 ref. (b) Interpretation of statutes--- ----Repeal by implication---Scope---Repeal by implication ought not to be held valid without strong reason because…
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