2023 PLP 986 (SCMR)
MUHAMMAD HAZIR — Appellant Versus The STATE — Respondent
| Citation | 2023 PLP 986 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Tariq Masood, Amin-ud-Din Khan and Shahid Waheed, JJ |
| Parties | MUHAMMAD HAZIR — 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 2023 PLP 986 (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 2023 PLP 986 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Tariq Masood, Amin-ud-Din Khan and Shahid Waheed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 986 (SCMR) (MUHAMMAD HAZIR — Appellant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai, Advocate Supreme Court for Appellant.
- Qaiser Khan v. The State through Advocate-General, Khyber Pakhtunkhwa, Peshawar 2021 SCMR 363; Mst. Razia Sultana v. The State and another 2019 SCMR 1300; The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Ekramullah and others v. The State 2015 SCMR 1002 and Amjad Ali v. The State 2012 SCMR 577 ref.
- 3. After hearing the learned counsel for the appellant as well as the learned state counsel and perusing the available record along with the impugned judgment with their assistance, it has been observed by us that neither the safe custody nor the safe transmission of the sealed sample parcels to the concerned Forensic Science Laboratory was established by the prosecution because neither the Moharrar nor the Constable Shah Said (FC-2391) who deposited the sample parcels in the concerned laboratory was produced. It is also a circumstance that recovery was affected on 10.02.2015 whereas the sample parcels were received in the said laboratory on 13.02.2015 and prosecution is silent as to where remained these sample parcels during this period, meaning thereby that the element of tampering with is quite apparent in this case. This Court in the cases of Qaiser Khan v. The State through Advocate-General, Khyber Pakhtunkhwa, Peshawar (2021 SCMR 363), Mst. Razia Sultana v. The State and another (2019 SCMR 1300), The State through Regional Director ANF v. Imam Bakhsh and others (2018 SCMR 2039), Ekramullah and others v. The State (2015 SCMR 1002) and Amjad Ali v. The State (2012 SCMR 577) has held that in a case containing the above mentioned defect on the part of the prosecution it cannot be held with any degree of certainty that the prosecution had succeeded in establishing its case against an accused person beyond any reasonable doubt.
Headnotes / Summary
(Against the judgment dated 19.09.2018 of the Peshawar High Court, Peshawar passed in Cr. A. No. 412-P of 2016)
S. 9(c)
Safe custody and safe transmission of samples to the Forensic Science Laboratory not established
Effect
In the present case neither the safe custody nor the safe transmission of the sealed sample parcels to the concerned Forensic Science Laboratory was established by the prosecution because neither the Moharrar nor the Constable who deposited the sample parcels in the concerned laboratory was produced
Recovery was effected on 10.02.2015 whereas the sample parcels were received in the laboratory on 13.02.2015 and prosecution was silent as to where these sample parcels remained during this period, meaning thereby that element of tampering with samples was quite apparent in the present case
Due to such defect on the part of the prosecution it could not be held with any degree of certainty that the prosecution had succeeded in establishing its case against the accused person beyond any reasonable doubt
Appeal was allowed, and accused was acquitted of the charge. Qaiser Khan v. The State through Advocate-General, Khyber Pakhtunkhwa, Peshawar 2021 SCMR 363; Mst. Razia Sultana v. The State and another 2019 SCMR 1300; The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Ekramullah and others v. The State 2015 SCMR 1002 and Amjad Ali v. The State 2012 SCMR 577 ref. Sardar Ali Raza, Additional A.G. Khyber Pakhtunkhwa for the State.
Judgment & Decree
SARDAR TARIQ MASOOD, J.
The appellant Muhammad Hazir faced trial in case FIR No. 126 dated 10.02.2015 registered under section 9(c) of the Control of Narcotic Substances Act, 1997 ('Act 1997') at Police Station City Mardan. After a full-fledged trial, learned trial court vide judgment dated 19.05.2016 convicted the appellant under section 9(c) of the Act, 1997 and sentenced him to imprisonment for life with fine of Rs.1,00,000/- or in default of payment of fine to further undergo six months' simple imprisonment. Benefit of section 382-B, Cr.P.C. was also extended to him. Aggrieved of his conviction and sentence, appellant filed a Criminal Appeal before the Peshawar High Court, Peshawar which was dismissed vide impugned judgment dated 19.09.20.18. Hence, this appeal by leave of the court granted on 25.04.2022.
3. After hearing the learned counsel for the appellant as well as the learned state counsel and perusing the available record along with the impugned judgment with their assistance, it has been observed by us that neither the safe custody nor the safe transmission of the sealed sample parcels to the concerned Forensic Science Laboratory was established by the prosecution because neither the Moharrar nor the Constable Shah Said (FC-2391) who deposited the sample parcels in the concerned laboratory was produced. It is also a circumstance that recovery was affected on 10.02.2015 whereas the sample parcels were received in the said laboratory on 13.02.2015 and prosecution is silent as to where remained these sample parcels during this period, meaning thereby that the element of tampering with is quite apparent in this case. This Court in the cases of Qaiser Khan v. The State through Advocate-General, Khyber Pakhtunkhwa, Peshawar (2021 SCMR 363), Mst. Razia Sultana v. The State and another (2019 SCMR 1300), The State through Regional Director ANF v. Imam Bakhsh and others (2018 SCMR 2039), Ekramullah and others v. The State (2015 SCMR 1002) and Amjad Ali v. The State (2012 SCMR 577) has held that in a case containing the above mentioned defect on the part of the prosecution it cannot be held with any degree of certainty that the prosecution had succeeded in establishing its case against an accused person beyond any reasonable doubt.
4. For the forgoing reasons, this appeal is allowed. The conviction and sentence of appellant Muhammad Hazir, passed by the trial court and upheld by the High Court, is hereby set aside and he is acquitted of the charge in the instant case. He be released from jail forthwith if not required to be detained in any other case. MWA/M-15/SC Appeal allowed.