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Sajjad Khan vs State Ss — 2025 PCrLJ 1666 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PCrLJ 1666 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PCRLJ
Parties
Sajjad Khan vs State Ss
Subject matter
Criminal
Provisions referred to
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

Sajjad Khan VS State Ss. 9(2), Sr. No. 9 & 36---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr.5 & 6---Possession of narcotic substance---Appreciation of evidence---Benefit of doubt---Report of Government Analyst---Failure of analyst to mention full protocols of tests applied---Effect---Consolidated report of the samples---Effect--Prosecution case was that 06 kilograms crystal was recovered from the secret cavities of the vehicle driven by the accused---Report of the Government Analyst under S.36(2) of the Act, 1997, was of pivotal importance in narcotics cases---In order to succeed, the prosecution was required not only to prove the factum of recovery, but also exhibited positive report of the Government Analyst drawn in accordance with law---In the case in hand, the report of the Chemical Examiner was defective---Perusal of record reflected that twelve sealed parcels of Crystal were received in the office of Chemical Expert on 2nd April 2024, but instead of preparing separate reports for each sample containing details of the protocols applied, the Chemical Examiner drew up consolidated report for the aforesaid samples---Said fact was a flagrant disregard of Rule 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, which rendered the reports nullity in the eye of law---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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