Jahangir Khan vs State S — 2025 YLR 1457 ISLAMABAD

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Jahangir Khan VS State S. 9(c)---Control of Narcotic Substances (Government Analysts ) Rules, 2001, Rr. 4, 5 & 6---Possession of narcotic substances---Appreciation of evidence---Transmission/dispatch of samples for test or analysis---Safe custody and transmission of samples not established---Effect---Prosecution case was that 13-kilograms and 200-grams opium and 4800-grams charas were recovered from the secret cavities of the vehicle driven by accused---Requirement of R.4 of Control of Narcotic Substances (Government Analysts) Rules, 2001, was that the reasonable quantity of samples from the entire narcotic drug, psychotropic substance or the controlled substances seized, shall be drawn on the spot of recovery and dispatched to the office in-charge of nearest Narcotic Testing Laboratory for the test either by insured post or through a special messenger---Nothing was available on record which could negate reports and defence had miserably failed to rebut the prosecution case in that regard---Similarly, R.5 of Control of Narcotic Substances (Government Analysts) Rules, 2001 provided a condition that it should be received in the sealed condition in the Laboratory---Incharge Officer shall observe full protocol by carefully opening and giving a distinct laboratory number---For that, a separate register shall be maintained---All samples shall be passed to the analyst on the same day and kept in safe custody and examined and record weight in the test memorandum---Analyst would compare the markings on the test memorandums with the markings on the packages envelopes and would ensure that he tested the relevant sample---Rule 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, further provided that on analysis, the result thereof together with full protocols of the test applied, shall be signed in quadruplicate and supplied forthwith to the sender as specified in Form-11---Perusal of the Chemical Examiner's report revealed that said reports were according to its Rule and the full protocol was observed by the office of Chemical Examiner---Circumstances established that the prosecution had successfully established the guilt against the appellant beyond the shadow of any reasonable doubt---Appeal against conviction was dismissed accordingly.

Jahangir Khan vs State S — 2025 YLR 1457 ISLAMABAD

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