State vs AURANGZEB Ss — 2021 SCMR 1552 SUPREME-COURT

Case information

Citation: 2021 SCMR 1552 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: State vs AURANGZEB Ss
Subject matter: Criminal
Provisions referred to: S. 9; Narcotic Substances Act

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

State VS AURANGZEB Ss. 9(a) & 9(c)---Constitution of Pakistan, Art. 185(3)---Possession of 18.6 kilograms of methamphetamine comprised of 34000 tablets---Petition for leave to appeal challenging conversion of conviction from S. 9(c) to S. 9(a) of Control of Narcotic Substances Act, 1997 and resulting reduction in sentence and fine---Contentions on behalf of prosecution that the High Court by considering the samples sent for forensic analysis as deficient in terms of the law declared in the case reported as Ameer Zaib v. The State (PLD 2012 SC 380) had misdirected itself by applying the principle laid down in the said case in disregard to the nature, shape and format of the contraband recovered, which was uniquely integrated into small tablet form, incapable of traditional sampling suggested in the said case; that the Control of Narcotic Substances Act, 1997 covered a wide range of "narcotic drugs, psychotropic substances or controlled substances" manufactured, marketed and administered through various mediums other than usual chunks of shaped pieces and, thus, in the peculiar circumstances of the present case, dispatch of 34 tablets (as samples), from each lot, squarely constituted representative samples, leaving no space for a contra hypothesis; that any other interpretation or approach would defeat the legislative intent---Supreme Court granted leave to consider the said contentions of the prosecution.

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