Abdul Satter vs The State
This criminal appeal challenges the conviction and sentence of the appellant for the possession of 42 kilograms of charas. The core legal question concerns the determination of the quantity of narcotics for sentencing purposes when only a single sample from the recovered substance was sent for chemical analysis. The Supreme Court, relying on the precedent established in Ameer Zeb v. The State (PLD 2012 SC 380), held that where multiple packets are recovered but only one consolidated sample is chemically analyzed, the prosecution cannot establish the nature of the entire bulk. Consequently, the court ruled that only the weight of the single packet from which the sample was drawn—two kilograms—could be considered for the purposes of conviction and sentencing. The appeal was partly allowed; the conviction under the Control of Narcotic Substances Act, 1997 was maintained, but the sentence was reduced to four years and six months of rigorous imprisonment, along with a fine, and the benefit of Section 382-B of the Code of Criminal Procedure 1898 was granted.
- When multiple packets of narcotics are recovered but only one sample is sent for chemical analysis, can the entire bulk be considered for sentencing?
- Is the conviction under the Control of Narcotic Substances Act 1997 sustainable when only a portion of the recovered substance is chemically verified?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
1. ' ASIF SAEED KHAN KHOSA, J. --- The facts of this case as well as the evidence produced before the Trial Court find an elaborate mention in the judgments passed by the Courts below and, therefore, the same may not be reproduced here so as to avoid duplication and unnecessary repetition.
2. 2.According to the prosecution Abdul Sattar appellant was apprehended while in possession of charas weighing 42 kilograms which was contained in 21 separate packets and the weight of every packet was two kilograms. The F.I.R. as well as the report of the Chemical Examiner confirm the fact that out of the recovered substance only one consolidated sample weighing 84 grams had been separated for chemical analysis. In view of the law declared by this Court in the case of Ameer Zeb v. The State (PLD 2012 SC 380) the weight of only one packet, i.e, two kilograms of charas could have been considered for the purposes of the appellant's conviction and sentence. This appeal is therefore, partly allowed, the conviction of the appellant for an offence under Section 9(c) of the Control of Narcotic Substances Act, 1997 is maintained but his sentence is reduced to rigorous imprisonment for four years and six months and a fine of Rs, 20,000/- (Rupees twenty thousand only) or in default of payment thereof to undergo simple imprisonment for five months. The benefit under Section 382-B, Cr.P.C. shall be extended to the appellant. This appeal is disposed of in these terms.