HASHMATULLAH vs THE STATE
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which upheld the petitioner's conviction and sentence under the Control of Narcotic Substances Act, 1997. The petitioner was convicted by an Additional Sessions Judge for an offense under Section 9(c) of the Act, resulting in a sentence of life imprisonment and a fine. The core legal question raised by the petitioner involves the procedural validity of the chemical analysis evidence. Specifically, the petitioner contends that while samples were purportedly separated from the seized narcotics, they were not sent to the laboratory for examination as required. Furthermore, the petitioner challenges the authenticity of the Chemical Examiner's report, alleging it was not prepared on the prescribed pro forma and was signed by an Excise Inspector rather than the Chemical Examiner. The Supreme Court granted leave to appeal to examine these procedural irregularities, emphasizing the necessity of ensuring the safe administration of criminal justice regarding the handling and verification of narcotic evidence.
- Does a chemical analysis report signed by an Excise Inspector instead of a Chemical Examiner meet the legal requirements for evidence in a narcotics case?
- What is the legal consequence if samples separated for chemical analysis are not sent to the laboratory for examination?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
ABDUL, HAMEED DOGAR, J.--- Petitioner, Hashmatulalh, seeks leave to appeal against the judgment dated 28-9-2004 of a learned Division Bench of the Lahore High Court, Lahore whereby Criminal Appeal No,1754 of 2002 preferred by him was dismissed and his conviction under section 9(c) of the Control of. Narcotic Substances Act, 1997 and sentenced to suffer imprisonment for life and to pay fine of Rs,50,000 or in default payment of fine to further undergo six months'. R.I. Awarded by the learned Additional Sessions Judge, Sheikhupura were maintained.
2. Learned counsel for the petitioner mainly contended that though samples of 1 Kg. Each were separated for chemical analysis from each bag but the same were not sent to the laboratory for examination. According to him, the report of Chemical Examiner to Government of Punjab are neither on the prescribed pro forma of Excise Muharrier Form nor signed by the Chemical Examiner.
On the contrary, it has been prepared on a Form of Excise Manual and in the Excise Office and signed by the Excise Inspector.
3. Accordingly, leave to appeal is granted, inter alia, to consider the above aspect of the matter for safe administration of criminal justice.