Citation Name: 2023 PCrLJ 154 PESHAWAR-HIGH-COURTBookmark this Case NAVEED DAUD vs State S

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Citation Name: 2023 PCrLJ 154 PESHAWAR-HIGH-COURTBookmark this Case NAVEED DAUD VS State S. 35--- Government analyst--- Scope--- When the person who furnishes opinion and analyzing the samples is not qualified to be termed as Government analyst under S. 35 of the Control of Narcotic Substances act, 1997 and Rules framed thereunder then such report, even if it be in positive, is of no avail to the prosecution as it cannot be relied upon. Citation Name: 2023 PCrLJ 154 PESHAWAR-HIGH-COURTBookmark this Case NAVEED DAUD VS State Ss. 9(c) & 35---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Trafficking of narcotics---Dispatch of sample for test or analysis---Appreciation of evidence---Benefit of doubt---Scope---Accused was convicted for having been apprehended while trafficking thirty six kilograms of charas in his motorcar---Evidence revealed that neither motorcar was registered in his name nor a driving license was taken into possession from him---Material discrepancies existed in the statements of prosecution witnesses which also gave a hint that the prosecution case was not free from doubt---All three important witnesses of the prosecution viz, complainant, Investigating Officer and marginal witness to the recovery memo. were oblivious as to departure from the police station and arrival back to the police station nor there were any written diaries in that respect---Complainant also showed his ignorance on certain material points---Samples were delivered in the Forensic Laboratory after a delay of about five days whereas the same were required to have been sent to the Forensic Laboratory within 72 hours of its seizure as required by R. 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001---Tests on samples were carried out by the Chemical Examiner, who was not qualified to be termed as a Government Analyst within the meaning of S. 35 of the Control of Narcotic Substances Act, 1997 and the rules framed thereunder, thus, he was so declared with retrospective effect---Conviction rendered by the Special Court was set aside---Accused was acquitted of the charge---Appeal against acquittal was allowed, in circumstances.

Citation Name: 2023 PCrLJ 154 PESHAWAR-HIGH-COURTBookmark this Case NAVEED DAUD vs State S — 2023 PCrLJ 154 PESHAWAR-HIGH-COURT

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