SHARAFAT KHAN vs State Ss — 2022 PLD 281 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2022 PLD 281 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: SHARAFAT KHAN 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

SHARAFAT KHAN VS State Ss. 9 & 36---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Constitution of Pakistan, Art. 10A---Possession of narcotics---Representative sample sent to Government analyst, nature of---[Per Syed Mansoor Ali Shah, J [Majority view]: Representative sample is to be collected from every packet/cake/slab of the alleged narcotic drug and sent for analysis to the Chemical Examiner---Right to fair trial of the accused under Art. 10A of the Constitution requires that the sample drawn from the alleged narcotic drug must be truly representative of the alleged narcotic drug recovered and therefore must be drawn from all the physically separate and independent units of the alleged narcotic drug]---[Per Qazi Muhammad Amin Ahmed, J [Minority view]: Not essential that every micro part of the contraband in single packet is to be separated for analysis nor is so contemplated by the Control of Narcotic Substances (Government Analysts) Rules, 2001].

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