Citation Name: 2024 YLR 1174 LAHORE-HIGH-COURT-LAHOREBookmark this Case State vs SHAFIQUE AHMED Ss — 2024 YLR 1174 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 1174 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1174 LAHORE-HIGH-COURT-LAHOREBookmark this Case State vs SHAFIQUE AHMED Ss
Subject matter: Criminal
Provisions referred to: S. 9; S. 265-K; S. 510; S. 423; Narcotic Substances Act (XXV of 1997); Punjab Forensic Science Agency 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

Citation Name: 2024 YLR 1174 LAHORE-HIGH-COURT-LAHOREBookmark this Case State VS SHAFIQUE AHMED Ss. 265-K & 417---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Appeal against acquittal---Acquittal invoking provisions of S.265-K, Cr.P.C.---Scope---State preferred appeal against the acquittal order/judgment passed by the Trial Court on an application under S. 265-K, Cr.P.C., moved by the accused (respondent)---Record showed that accused was acquitted on the ground that Forensic Science Agency Analysis Report, though not tendered in evidence, was bereft of necessary protocols---Perusal of Forensic Science Agency Analysis Report, reproduced in impugned judgment, showed that test applied, protocols carried out and result of test was mentioned---Although, said report was in a form as considered sufficient by the Supreme Court but the Trial Court had rejected that report that no details of protocols performed for tests were mentioned therein---More so Trial Court had not focused on the philosophy behind "probability of conviction"---If the report of Forensic Science Agency was not amenable to be used as cogent evidence, prosecution still had some options to exercise like calling of analyst pursuant to S. 510, Cr.P.C., and for re-examination of contraband or clarification of report as per Ss. 11 & 12 of the Punjab Forensic Science Agency Act, 2007---Appeal was allowed by setting aside impugned judgment, and on the strength of S. 423, Cr.P.C., the case was sent back to the Court concerned for trial of the accused in accordance with law.

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