MUHAMMAD HANIF vs State S — 2023 YLR 2388 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 2388 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD HANIF vs State S
Subject matter: Criminal
Provisions referred to: S. 9; 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

MUHAMMAD HANIF VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Possession of narcotics---Appreciation of evidence---Prosecution case was that 27 kilograms charas was recovered from the vehicle driven by accused---Record showed that the Government Analyst of the Narcotics Laboratory, while preparing the reports, had not complied with the mandatory provisions of Rule 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001---If the said provisions had not been complied with, the report of Government Analyst due in consequence of Rule 6 lost its reliability and evidentiary value---Non-compliance of Rule 6 and absence of any of the enumerated mandatory elements/ requirements frustrated the purpose and object of the Control of Narcotic Substances Act, 1997---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable shadow of doubt---Appeal against conviction was allowed accordingly.

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