2021 PLP 380 (SCMR)
GULZAR — Appellant Versus The STATE — Respondent
| Citation | 2021 PLP 380 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ |
| Parties | GULZAR — Appellant Versus The STATE — Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2021 PLP 380 (SCMR)?
This judgment primarily cites: Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 380 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 380 (SCMR) (GULZAR — Appellant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Sharif Janjua, Advocate Supreme Court for Appellant.
Headnotes / Summary
(Against the judgment dated 11.09.2018 passed by the High Court of Sindh, Bench at Sukkur in Criminal Jail Appeal No.D-175 of 2017)
S. 9(c)
Possession of cannabis
Failure to establish safe transmission of samples to the office of the Chemical Examiner
Recovery of narcotic substance was denied by the accused throughout
Prosecution's failure to establish safe transmission (of samples) to the office of Chemical Examiner had its consequences since the narcotic character of the contraband was not established as the relevant police official, examined while standing with the Public Prosecutor, did not utter a single word to prove transmission of the entire cache, purportedly transmitted by him to the office of Chemical Examiner
In absence of safe transmission of the samples, the accused could not be saddled with the culpability of possession of narcotic without being conjectural
Appeal was allowed and accused was acquitted of the charge. Hussain Bux, Addl. Prosecutor General Sindh for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
The appellant was surprised with a considerable cache of cannabis by a contingent of Khanpur Mahar Ghotki police on 27.3.2017; a Special Judge (CNA) Ghotki vide judgment dated 20.10.2017 returned him a guilty verdict; convicted under section 9(c) of the Control of Narcotic Substances Act, 1997, he was sentenced to 10-1/2 years rigorous imprisonment with a direction to pay fine in the sum of Rs.50,000/- or to undergo simple imprisonment for a period of 8 months in lieu thereof, pre-trial period inclusive, upheld by a learned Division Bench of the High Court of Sindh vide impugned judgment dated 11.9.2018, assailed by the convict through a jail petition.
2. Heard. Record perused.
3. Significant quantity of contraband notwithstanding, nonetheless, we have noticed prosecution's failure to establish safe transmission to the office of Chemical Examiner; the failure has its consequences inasmuch as narcotic character of the contraband, recovery whereof is denied by the appellant throughout, was not established as Rahib Din (PW-2), examined under Public Prosecutor's shadow, did not utter a single word to prove transmission of the entire cache, purportedly transmitted by him to the office of Chemical Examiner, in absence whereof, the appellant cannot be saddled with the culpability of possession without being conjectural, an option hardly available under the law. Criminal Appeal No.630 of 2019 is allowed; impugned judgment is set aside; the appellant is acquitted of the charge; he has already been ordered to be released, unless otherwise required to be detained, vide short order of even date. MWA/G-1/SC Appeal allowed.