Citation Name: 2024 PCrLJ 1732 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Zareef Ahmed vs State Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2024 PCrLJ 1732 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Zareef Ahmed VS State Ss. 9(b) & 9(c)---Possession of narcotic substance---Appreciation of evidence---Separate sample from each packet not secured---Effect---Conviction altered from S.9(c) to S.9(b) of Control of Narcotic Substances Act, 1997---Sentence, reduction in---Prosecution case was that 14,900 grams Charas was recovered from the possession of the accused---Prosecution had failed to substantiate that the entire suspected 14,900 grams were Charas---Prosecution claimed that fifteen (15) packets of Charas, each containing one packet, were recovered from a bag held by the accused in his lap, meaning thereby that each packet of the suspected material weighed one kilogram, which were examined by the analyst, who observed in his report that during examination 500 grams of suspected material was consumed in the process of testing out of 14,900 grams of Charas, but the Forensic Narcotic Testing Laboratory Report did not show that as to whether from each packet samples were drawn and examined or one packet weighing one kilogram was consumed during the chemical analysis, making the report ambiguous, which at best could be believed only to the extent of one kilogram of Charas, because from each packet a separate sample must be secured for chemical analysis---If such protocol is not observed then the consolidated sample drawn from each packet shall represent only one packet of narcotic substance---Therefore, the prosecution had only been able to successfully substantiate the indictment against the accused to the extent of one kilogram of Charas, thus accused deserved to be convicted and sentenced to such extent only---Appeal was partly allowed and keeping in view the peculiar circumstances of the present case, the conviction and sentence awarded to the accused under S.9(c) of the Act of 1997 was altered and converted into S.9(b) of the Act of 1997---Accused was convicted and sentenced to suffer two (2) years RI, in circumstances---Appeal was dismissed with said modification in sentence.

Citation Name: 2024 PCrLJ 1732 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Zareef Ahmed vs State Ss — 2024 PCrLJ 1732 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ