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SHAKEEL-UR-REHMAN vs State S — 2023 YLR 2654 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLR 2654 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
YLR
Parties
SHAKEEL-UR-REHMAN vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 36

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

SHAKEEL-UR-REHMAN VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr.5 & 6---Transportation of narcotics--- Report of Government Analyst---Result of test or analysis---Prosecution case was that 40.800 kilograms charas was recovered from secret cavity of the car driven by accused---Forensic report reflected that details of protocols of tests had not been provided therein in the spirit of R. 6 of the Rules, 2001---Any report failing to describe in it the details of the full protocols applied for the test would be inconclusive, defective, unreliable and would not meet the evidentiary presumption attached to a report of the Government Analyst under S. 36(2) of the Act, 1997---In the forensic report it was simply mentioned that the submitted samples were identified to contain charas---Rule 6 of the Rules, 2001 made it imperative on an analyst to mention result of sample analyzed with full protocols applied thereon along with other details in the report issued for test/analysis by the Laboratory---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of reasonable doubt---Appeal against conviction was accordingly allowed.

Other judgments reported in 2023 YLR

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