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QAISER vs State Judgments of the Supreme Court — 2022 SCMR 1641 SUPREME-COURT

Case information

Citation
2022 SCMR 1641 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
QAISER vs State Judgments of the Supreme Court
Subject matter
Criminal
Provisions referred to
S. 9

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

QAISER VS State Judgments of the Supreme Court---Binding precedent---Scope---Earlier judgment of a Bench of the Supreme Court was binding not only upon the Benches of smaller numeric strength but also upon the Benches of co-equal strength; a Bench of co-equal strength could not deviate from the view held by an earlier Bench, and if a contrary view had to be taken, then the proper course was to request the Chief Justice of the Supreme Court for constitution of a larger Bench to reconsider the earlier view---Even if a decision of a bench of equal strength is not brought into the notice of a subsequent bench of same strength and it expresses a contrary view, then the later decision is a judgment per incuriam---Smaller Bench cannot request for the constitution of a larger Bench to revisit the opinion of a larger Bench on any question or principle of law. Head NotesCase Description Citation Name: 2022 SCMR 1641 SUPREME-COURTBookmark this Case QAISER VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Possession of narcotics---Safe custody and safe transmission of samples to the Forensic Science Laboratory---Significance---Representative samples of the alleged drug must be kept in safe custody and undergo safe transmission from the stage of recovery till its submission to the office of the Government analyst---Non-establishing the said facts would cast doubt and would impair and vitiate the conclusions and reliability of the report of the Government analyst, thus rendering it incapable of sustaining conviction. Head NotesCase Description

Other judgments reported in 2022 SCMR

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