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MUJEEB-UR-REHMAN vs State Ss — 2022 PCrLJN 20 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 20 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUJEEB-UR-REHMAN vs State Ss
Subject matter
Criminal

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

MUJEEB-UR-REHMAN VS State Ss. 9(c) & 36---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6--- Possession of narcotics---Appreciation of evidence---Benefit of doubt--- Report of Government Analysts---Failure of Analysts to apply test protocols--- Effect---Three packets of heroin weighing 2.5 kilograms were recovered from the bag allegedly belonging to accused while he was boarding flight---Chemical report had not set out all the protocols of testing and what was the result of each protocol test as to whether it was positive or negative, rather one consolidated report had been prepared---Setting out each protocol test and its result was a mandatory requirement under the law, the absence of which would render the chemical report unsafe and unreliable especially---Chemical report went to the root of the case against the accused and as such reliance could not be placed on such report---Appeal against conviction was allowed, in circumstances.

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