Act/Law wise: Judgment of Supreme Court of Pakistan



Control of Narcotic Substances Act, 1997
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Section 9(c)

Case examination of the report of the Government Analyst mentions the tests applied but does not provide their results except a concluding result, presumably of all the tests, which is not sufficient. The Report also does not signify the test protocols that were applied to carry out these tests. Hence, the mandatory requirement of law provided under Rule 6 has not been complied with and, thus, it is not safe to rely on the Report of the Government Analyst dated 18.02.2016. As a conclusion, it is reiterated, that the Report of the Government Analyst must mention (i) all the tests and analysis of the alleged drug (ii) the result of the each test(s) carried out alongwith the consolidated result and (iii) the name of all the protocols applied to carry out these tests
We extend the benefit of doubt to the appellant and set aside his conviction and sentence under the section 9(c) of the Act. He is ordered to be released from custody forthwith if not required in any other case. This appeal is allowed accordingly. …Khair-ul-Bashar =VS= The State, (Criminal), 2019 (2) [7 LM (SC) 275] ....View Full Judgment

Khair-ul-Bashar =VS= The State 7 LM (SC) 275