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

TARIQ vs State S — 2022 PCrLJN 92 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJN 92 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
TARIQ vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 36; 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

TARIQ VS State S. 9(c)---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---Prosecution case was that 1300 grams of charas was recovered from the possession of accused---Report of Forensic Science Laboratory did not indicate protocols applied to carry out the test, except concluding remarks that "black resinous material in sealed parcel contains charas"---Mandatory requirements of law provided under R. 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, had not been complied with---Held, it was not safe to rely on that report---Presumption of correctness was attached to the report of Government Analyst under S. 36(2) of the Control of Narcotic Substances Act, 1997, underlined statutory significance of the report, therefore, details of the test and analysis in the shape of protocols applied for the test were necessary to safeguard rights of the parties---Report of Forensic Science Agency was also not worthy of reliance, hence the same could not be read against the accused---Appeal was allowed by setting aside the conviction and sentence recorded by Trial Court and acquitted the accused, in circumstances.

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