HASRAT KHAN vs State S — 2024 PLD 911 SUPREME-COURT

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HASRAT KHAN VS State S.9(c)---Possession of narcotic substance---Re-appraisal of evidence---Sentence, reduction in---One consolidated sample collected from multiple packets and sent for chemical testing---Effect---Gross negligence and callous attitude of officials in the investigation and proseuction of narcotic substances cases---Three hundred and twenty (320) packets of charas weighing one kilogram each were recovered from the vehicle driven by the petitioner---Petitioner was convicted by the Trial Court under Section 9(c) of the Control of Narcotic Substances Act, 1997 ("Act") and was sentenced to imprisonment for life with a fine of Rs.100,000---Said conviction and sentence was upheld and maintained by the High Court---Held, that most striking feature of the present case was the gross negligence and callous attitude in the investigation of the present case, as only one consolidated sample weighing 3.200 Kilograms was separated from the recovered charas contained in 320 separate packets (total weight 320 Kilograms) for chemical analysis---This mode and manner of obtaining sample was a clear violation of the settled law that the samples had to be separated from each and every packet of the narcotic substance recovered and each such sample had to be tested by the Chemical Examiner separately---In the present case, admittedly, one consolidated sample weighed 3.200 kilograms and, thus, only 3.200 kilograms of charas could be considered for the purposes of the conviction and sentence of petitioner---Petition was dismissed to the extent of the petitioner's conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997 but was converted into an appeal and partly allowed to the extent of the petitioner's sentence which was reduced to rigorous imprisonment for six years and 6 months and a fine of Rs,30,000/- (Rupees thirty thousand only).

HASRAT KHAN vs State S — 2024 PLD 911 SUPREME-COURT

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