RASHID ZAMAN vs AFZAL AWAN, SHO POLICE STATION TAKHT-E-NASRATI, DISTRICT KARAK S

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RASHID ZAMAN VS AFZAL AWAN, SHO POLICE STATION TAKHT-E-NASRATI, DISTRICT KARAK S.36(2)---Control of Narcotic Substances (Government Analysts), Rules, 2001, R.6---Government Analyst Report---Protocols of test applied---Non-observance---Effect---Every test has its protocols, which are internationally recognized---Test without observance of its protocols has no sanctity---Full Protocols include description of each and every step employed by Government Analyst through the course of conducting a test---Report under R.6 of Control of Narcotic Substances (Government Analysts), Rules, 2001, must specify every test applied for determination of seized substances with full protocols adopted to conduct such tests---Non-compliance of R.6 of Control of Narcotic Substances (Government Analysts), Rules, 2001, can frustrate purpose and object of Control of Narcotic Substances Act, 1997, i.e., control of production, processing and trafficking of narcotic drugs and psychotropic substances---Conviction cannot be sustained on a Report that is inconclusive or unreliable---Evidentiary assumption attached to a Report of Government Analyst under S.36(2) of Control of Narcotic Substances Act, 1997 underlines statutory significance of Report---Details of test and analysis in the shape of protocols applied for the test become fundamental and go to the root of statutory scheme---Provision of R.6 of Control of Narcotic Substances (Government Analysts), Rules, 2001, is in public interest and safeguards rights of parties---Any Report (Form-II) failing to give details of full protocols of test applied is inconclusive, unreliable, suspicious and untrustworthy and do not meet evidentiary assumption attached to a Report of Government Analyst under S.36(2) of Control of Narcotic Substances Act, 1997. Head NotesCase Description

RASHID ZAMAN vs AFZAL AWAN, SHO POLICE STATION TAKHT-E-NASRATI, DISTRICT KARAK S — 2022 MLD 1227 PESHAWAR-HIGH-COURT

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