Mst. Razia Sultana vs The State and another

SYED MANSOOR ALI SHAH, J. Appellant was booked under section 9(e) 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 The State through Regional Director ANF V ersus Imam Bakhsh and others (2018 PSC (Crl.) (SC Pak) 1089).

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."1