In section 35 & 36 of CNSA, 1997 that it would only be determined by the Government Analyst appointed in Federal or Provincial Narcotics Testing Labs and his report.....

2021 LHC 1900

The law says as embodied in section 35 & 36 of CNSA, 1997 that it would only be determined by the Government Analyst appointed in Federal or Provincial Narcotics Testing Labs and his report shall be admissible in evidence of the facts stated therein without formal proof and such evidence shall, unless rebutted, be conclusive. The Honourable Supreme Court has held that the report of Analyst must contain the protocols of test applied for examination of contrabands as contemplated under Rule 6 of Control of Narcotics Substance (Government Analyst) Rules, 2001, 1and application of protocols becomes more essential particularly when the recovered material is found as Psychotropic substance or substance. controlled Offence u/s 6 of CNSA, 1997 is attracted only if possession etc. of Narcotic Drug, Controlled Substance or Psychotropic substance is proved; we have examined the report of Chemical Examiner, Exh. PC which lacks application of requisite protocols; therefore, despite the fact that prosecution has proved the recovery, it fails to substantiate that recovered material was Psychotropic Substance, controlled substance or manufactured drug falling with in the definition of Narcotic drug in order to attract section 6 which is punishable u/s 9 of CNSA, 1997.

Crl. Appeal .2030-10
THE STATE VS ZAHID LATIF ETC
Mr. Justice Muhammad Amjad Rafiq
09-06-2021
2021 LHC 1900