Muhammad Qasim vs State S — 2025 PCrLJ 351 QUETTA-HIGH-COURT-BALOCHISTAN

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Muhammad Qasim VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Sentence, reduction in---Sample from each packet not sent for testing---Prosecution case was that 50-kilogram charas in 95 separate packets was recovered from the vehicle of the accused---Where narcotics were recovered in different packets, wrappers or in separate physical forms such as cakes or slabs, it was imperative that a separate sample was taken from each distinct unit as representative sample for chemical analysis---If the principle of representative sample was not adhered to, then only the quantity of the narcotic substance from which a sample was taken and tested with a positive result could be considered for the purpose of conviction---As per prosecution case, the entire quantity of narcotics was sent to the Forensic Science Laboratory for analysis, however, the record showed that only 01-kilogram charas was consumed for the purpose of analysis and there was no evidence on record to show that samples were taken from each individual slab of the recovered charas---Hence, principle of representative sample was not complied with by the Investigating Officer during recovery proceedings---Furthermore, the Forensic Science Laboratory Report was also silent about representative sample taken from each 95-packets---Thus, the prosecution had failed to discharge the initial onus of proving that the entire 50-kilogram of substance recovered was, in fact, charas, as only 01-kilogram was tested---Therefore, the appellant could not be held liable for the entire quantity of the substance recovered, but only for the quantity that was tested and confirmed to be charas---Thus, the confirmed 01-kilogram substance could not be held to be representative sample for all the recovered substance of 50-kilogram---State counsel, after going through the Forensic Science Laboratory Report, also confirmed that only 01-kilogram charas was tested and no samples were taken from the remaining packets containing 49-kilogram and he conceded that the sentence awarded to the appellant be reduced---In such circumstances, the substantive sentence was reduced from 20 years to 9 years---Appeal was dismissed by reducing the sentence, in circumstances.

Muhammad Qasim vs State S — 2025 PCrLJ 351 QUETTA-HIGH-COURT-BALOCHISTAN

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