REHMAT GUL vs State S — 2022 PCrLJN 48 ISLAMABAD

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REHMAT GUL VS State S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Possession of narcotics---Dispatch of sample for test or analysis---Bail, grant of---Borderline case---Non-availability of report of Chemical Examiner---Further inquiry---Scope---Accused was alleged to have been found in possession of 1110 grams of heroin---Alleged narcotic substance was packed in a brown packet being carried in a plastic shopping bag, it could not be determined with certainty at this stage as to whether stated weight included the weight of the bags and whether in view of the quantity of the narcotic substance recovered, the case fell within the scope of S. 9(b) or 9(c) of Control of Narcotic Substances Act, 1997---Samples from the alleged narcotics substance recovered from the accused were not sent for chemical analysis within the prescribed period of seventy two hours and such delay was also considered a ground for further inquiry---As the report of the Chemical Examiner was still pending, it could not be determined beyond reasonable doubt that the substance recovered from the accused was indeed a narcotic substance---Nothing was available on record to suggest that the accused, who had no previous criminal record, could abscond or tamper with the evidence if released on bail---Investigation was complete and the accused was in judicial custody, keeping him incarcerated would not serve the ends of justice---Petition for grant of bail was allowed, in circumstances.

REHMAT GUL vs State S — 2022 PCrLJN 48 ISLAMABAD

Case information

Judgment text as reported