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ASLAM KHAN vs State R — 2021 PCrLJ 1018 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1018 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
ASLAM KHAN vs State R
Subject matter
Criminal
Provisions referred to
S. 36---R; Narcotic Substances Act (XXV of 1997)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ASLAM KHAN VS State R. 6---Control of Narcotic Substances Act (XXV of 1997), S. 36---Report of Government Analyst---Essential requirements---Forensic Science Laboratory Report revealed that the same was without protocol as the Office of Chemical Examiner Forensic Science Laboratory also after chemical analysis had submitted a consolidated report declaring all the 18 samples to be "Charas" instead of independent test details regarding each sample as required by law---Report of Chemical Examiner did not show that each sample pertaining to narcotic, allegedly recovered from the accused, had actually been analyzed separately---Evidentiary value of the report of Chemical Examiner had been evaluated in the light of Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6 of which made it imperative on an analyst to separately mention result of each sample analyzed with full protocols applied thereon along with other details in the certificate issued for test/analysis by laboratory---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2021 PCRLJ

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