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NIAZ AHMAD vs State S — 2021 PCrLJ 1461 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1461 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
NIAZ AHMAD vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 4

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

NIAZ AHMAD VS State S. 9(c)---Control of Narcotic Substances (Government Analyst) Rules, 2001, Rr. 4, 5 & 6---Possession of Narcotics---Appreciation of evidence---Benefit of doubt---Chemical analysis---Delay of thirteen days in sending the narcotic for analysis---Effect---Prosecution case was that 74 kilograms Charas Garda was recovered from the secret cavities of a vehicle driven by co-accused in the company of accused---Samples of contraband separated the refrom were sent to Forensic Science Laboratory with an unexplained delay of about thirteen days, which was required to be transmitted to the Forensic Science Laboratory within 72 hours of its seizure under S. 4 of the Control of Narcotic Substances (Government Analysts) Rules, 2001---Record showed that report of Forensic Science Laboratory did not signify the test protocols that were applied to carry out the test, therefore, the mandatory requirement of law provided by R. 6 had not been complied with in its letter and spirit---Non-compliance of the said Rule would render the report in question inconclusive, suspicious and untrustworthy, thus, the same could not be relied upon qua maintaining the conviction and sentence of the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2021 PCRLJ

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