PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

HAMID ULLAH vs State Ss — 2022 PCrLJN 85 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJN 85 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Parties
HAMID ULLAH 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

HAMID ULLAH VS State Ss. 9 & 36---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Possession of narcotics---Reports of Government Analysts---Report or result of test or analysis---Re-examination of contraband, legality of---Scope---Accused was aggrieved of an order passed by Trial Court whereby it had ordered re-sampling of the contraband because the report of Forensic Laboratory already received exhibited sans the requisite protocols---Report of Government Analyst prepared in consequence of R. 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, must provide for (i) tests and analysis of the alleged drug; (ii) the results of test(s) carried out and (iii) the test protocols applied to carry out these tests and non-compliance of R. 6 and absence of any of these mandatory elements frustrate the purpose and object of the Act thereby diminishing the reliability and evidentiary value of the report but it does not mean that during trial, if any flaw arises in the prosecution case, which gives benefit to the accused in shape of deficient report, as in the present case, the prosecution should be given a chance to rectify the same---Trial Court while examining report of Chemical Examiner has the power to summon the Government Analyst in case there is any ambiguity in the report and seek clarification thereon---Such clarification can only be based on the existing record of the Government Analyst and it is not meant to allow the Government Analyst to conduct a fresh test or prepare another report, for that would amount to giving the prosecution a chance of filling the gaps and lacunas in the report---Order of the Trial Court was set aside and the appeal was allowed, in circumstances. Head Notes

Back to the case-law library · Search Pakistani case law in Urdu or English