Najeeb ullah vs State S — 2025 YLR 1170 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 1170 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Najeeb ullah 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

Najeeb ullah VS State S. 9(1)3(e)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Recovery of narcotic substance---Appreciation of evidence--- Chemical examination---Contravention of international testing standards and directions of the Supreme Court---Effect---Prosecution case was that 10-kilograms charas was recovered from the vehicle of appellants---Report of Chemical Examiner Forensic Science Laboratory revealed that two tests were performed by the Forensic Science Laboratory, i.e., Fast Blue B Salt Test and Thin Layer Chromatograph ("TLC") Test---Forensic Science Laboratory had albeit rightly considered the Fast Blue B Salt Test as presumptive test, but had wrongly construed the TLC as a confirmative test, which was in contravention of UNODC guidelines and recommendations---Supreme Court had strictly directed the Federal Government and the respective Provincial Governments to ensure that the Government Analysts in the Narcotics Testing Laboratories were qualified as per R.3 of the Rules of 2001, who shall follow the protocols of tests as per international guidelines and in case of failure, disciplinary action be taken against the said officials---Admittedly, not only Fast Blue B Salt was a presumptive test, but the TLC was also presumptive test, but Forensic Science Laboratory had wrongly considered it as a confirmatory test, which was in utter violation of the UNODC Manual and the dicta laid down by the Supreme Court, thus no conviction could be recorded, while relying upon such Forensic Science Laboratory Report---Appeal against conviction was allowed, in circumstances.

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