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Muhammad Rafiq vs State S — 2025 PCrLJ 1028 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PCrLJ 1028 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PCRLJ
Parties
Muhammad Rafiq vs State S
Subject matter
Criminal
Provisions referred to
S. 9-

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 Rafiq VS State S. 9-3(e)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Possession of narcotic substance---Appreciation of evidence---Chemical examination---Protocol applied, non-mentioning of---Effect---Prosecution case was that 30 kilograms charas in 30 packets was recovered from the vehicle of accused---Sub item (i) of Item No.2 of Form-II of the Control of Narcotic Substances (Government Analysts) Rules, 2007, clearly manifested that after conducting narcotics test, the Analyst and Authorized Officer must make a statement that while preparing the results of the test and analysis of the suspected material (narcotics), the required protocols had been observed and they may be prosecuted under the law for intentionally making a false statement to the Court, which showed the importance of compliance of the protocols---In the present case and in most of the Forensic Laboratory Reports, declaration as contemplated in Form-II were not provided, which was obligatory upon the signatories of Form-II---Although, such statement was directory and not mandatory, having no penal consequences, but even then, while considering the evidence on record with the Forensic Laboratory Report, its non-adherence might in appropriate cases have an effective impact and bearing on the merits of the case---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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