Muhammad Faisal vs State S — 2025 YLR 878 QUETTA-HIGH-COURT-BALOCHISTAN

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Muhammad Faisal VS State S. 9(c)---Control of Narcotic Substances (Amendment) Act (XX of 2022), S. 9(1)(6)(b)---Control of Narcotic Substances (Government Analysts), Rules, 2001, R. 6---Possession and transportation of narcotic substances---Appreciation of evidence----Report of Government Analyst---Protocols used, non-indication of---Effect---Prosecution case was that 1800-grams charas, 200-grams crystal/ice and 300-grams intoxication tablets were recovered from the possession of accused---Record showed that the Government Analyst of the Federal Narcotics Laboratory, while preparing the reports, had not complied with the mandatory provisions of Rule 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001---Report under Rule 6 must specify every test applied for the determination of the seized substances with the full protocols adopted to conduct such tests---In the case in hand, the reports showed of Chemical Examiner did not carry separate result of each test applied rather the reports contained that after presumptive and confirmative tests, results of the test were positive---As per test protocol the submitted sample was identified as Hashish Pukhta---Reports in absence of applying both presumptive and confirmative tests could not be termed to be in consonance with law---Perusal of Government Analysis Reports showed that two tests were performed by the Narcotics Testing Laboratory, "East Blue B Salt Test and Thin Layer Chromatograph Test"---Narcotics Testing Laboratoryhad considered the Thin Layer Chromatography Test ('TLC') as confirmative test, which was in contravention of UNODC recommendations---As per UNODC Manual i.e. Recommended Method for the Identification and Analysis of Synthentic Cathinones in Sized Materials, 2015, (clause 4.6), TLC was merely a presumptive test---Without applying both the tests, any report or opinion rendered therein could not be considered to be unambiguous and supportive to the prosecution case---Appeal against conviction was allowed, in circumstances.

Muhammad Faisal vs State S — 2025 YLR 878 QUETTA-HIGH-COURT-BALOCHISTAN

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