2019 PLP 1300 (SCMR)
Mst. RAZIA SULTANA — Appellant Versus The STATE and another — Respondents
| Citation | 2019 PLP 1300 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ |
| Parties | Mst. RAZIA SULTANA — Appellant Versus The STATE and another — Respondents |
| Primary Law | Control of Narcotic Substances (Government Analysts) Rules, 2001 |
Q1: What are the key laws and sections cited in 2019 PLP 1300 (SCMR)?
This judgment primarily cites: Control of Narcotic Substances (Government Analysts) Rules, 2001 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP 1300 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik, Syed Mansoor Ali Shah 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: 2019 PLP 1300 (SCMR) (Mst. RAZIA SULTANA — Appellant Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naveed Ahmed Khawaja, Advocate Supreme Court for Appellant.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court, Division Bench dated 01.04.2014 passed in Criminal A. No. 1825 of 2010)
Rr. 5 & 6
Control of Narcotic Substances Act (XXV of 1997), S. 9(c)
Safe custody and transmission of samples of the alleged drug from the police to the Chemical Examiner
In cases where the chain of custody was broken, the report of the Chemical Examiner lost its reliability making it unsafe to support conviction
In the present case the sample of narcotic was dispatched to the Government Analyst for Chemical Examination through an officer of the Anti-Narcotics Force, but the said officer was not produced to prove safe transmission of the sample from the police to the Chemical Examiner
Chain of custody thus stood compromised
Resultantly, it would be unsafe to rely on the report of the Chemical Examiner
Conviction and sentence of accused was set aside in circumstances
Appeal was allowed accordingly. State v. Imam Bakhsh 2018 SCMR 2039 ref. Zafar Iqbal Chohan, Special Prosecutor ANF for the State.
Judgment & Decree
SYED MANSOOR ALI SHAH, J.
Appellant was booked1 under section 9(c) of the Control of Narcotic Substances Act, 1997 ("Act"), for being in possession of narcotic drug. After regular trial, she was convicted under section 9(c) of the Act and sentenced to imprisonment for life by the trial court. The appeal of the appellant before the High Court was dismissed vide impugned judgment dated 01.4.2014. Hence, this appeal with leave of the Court granted on 17.2.2017.
2. At the very outset, we have noticed that the sample of the narcotic drugs was dispatched to the Government Analyst for chemical examination on 27.2.2006 through one Imtiaz Hussain, an officer of ANF but the said officer was not produced to prove safe transmission of the drug from the Police to the chemical examiner. The chain of custody stands compromised as a result it would be unsafe to rely on the report of the chemical examiner. This Court has held time and again that in case the chain of custody is broken, the Report of the chemical examiner loses reliability making it unsafe to support conviction. Reliance is placed on State v. Imam Bakhsh 2018 SCMR 2039).
3. For the above reasons the prosecution has failed to establish the charge against the appellant beyond reasonable doubt, hence the conviction and sentence of the appellant is set aside and this appeal is allowed, setting the appellant at liberty unless required in any other case.
4. Foregoing are the reasons for our short order dated 14.5.2019, which for the sake of convenience and completion is reproduced hereunder:- "For detailed reasons to be recorded later, the instant criminal appeal is allowed. The conviction and sentence of the appellant Mst. Razia Sultana are set aside. She is acquitted of the charge framed against her. She shall be released forthwith, if not required to be detained in any other criminal case." MWA/R-8/SC Appeal allowed.