Case Details

Citation(s)
2008 SLG 2113 2008 SLD 2113 2008 SCMR 1533
Supreme Court of Pakistan
Jail Petition No.415 of 2004, decision dated: 24-11-2005. (On appeal from the judgment, dated 28-9-2004 of the Lahore High Court, Lahore passed in Criminal Appeal No.1754 of 2002)
ABDUL HAMEED DOGAR, MIAN SHAKIRULLAH, JAN AND RAJA FAYYAZ AHMAD, JJ

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HASHMATULLAH

VS

THE STATE

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Constitution of Pakistan, 1973

Section: 185(3)

[Control of Narcotic Substances Act (XXV of 1997)]......S 9(c)---Constitution of Pakistan (1973), Art.185(3)---Contentions were that the samples of 1 Kg. each of the contraband material separated for chemical analysis from each bag were not sent to the Laboratory for 'examination and that the report of the Chemical examiner was neither on the prescribed pro forma of Excise Muharrer Form nor signed by the Chemical Examiner, rather it had been prepared on a Form of Excise Manual in the Excise Office and was signed by the Excise Inspector---Leave to appeal was granted to accused, inter alia, to consider the above aspect of the matter for safe administration of criminal justice. ORDER ABDUL HAMEED DOGAR, J.--- Petitioner, Hashmatulalh, seeks leave to appeal against the judgment dated 28-9-2004 of a learned Division Bench of the Lahore High Court, Lahore whereby Criminal Appeal No.1754 of 2002 preferred by him was dismissed and his conviction under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to suffer…
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