Abdul Ghafoor vs The State and another
This criminal petition arises from the conviction of the petitioner for the transportation of 500 kg of cannabis, discovered in an oil tanker by the Anti-Narcotic Force. The petitioner was convicted under the Control of Narcotic Substances Act, 1997, and sentenced to life imprisonment, a decision upheld by the High Court despite the acquittal of a co-accused. The core legal question before the Supreme Court was whether the prosecution successfully established the chain of custody regarding the seized contraband, specifically the safe transmission of samples to the Chemical Examiner. The Supreme Court held that the prosecution failed to prove the safe transmission of samples, which is a critical evidentiary requirement to confirm the narcotic nature of the seized substance. Consequently, the Court set aside the conviction and acquitted the appellant. The judgment establishes the principle that the prosecution bears the burden of proving every limb of its case, including the safe transmission of samples to the Chemical Examiner, and failure to do so is a fatal flaw that undermines the entire prosecution case.
- Does the failure to prove the safe transmission of samples to the Chemical Examiner vitiate a conviction under the Control of Narcotic Substances Act, 1997?
- Is the prosecution required to produce the witness responsible for transmitting samples to the Chemical Examiner to establish the chain of custody?
- Can a conviction for drug trafficking be sustained if the prosecution fails to confirm the narcotic character of the seized contraband through a verified chemical examination process?
- Section 9(b), Control of Narcotic Substances Act, 1997
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---The petitioner was on the wheel of an oil-tanker when intercepted by a contingent of ANF Sakkur on 04.05.2013 ; upon search, a huge cache of cannabis weighing 500 kg., concealed in the secret cavities, was recovered; Aziz Ahmed co-accused, on board, was also taken to the task; upon indictment, they claimed trial that resulted into their conviction under clause (b) of section 9 of the Control of Narcotic Substances Act, 1997; they were sentenced to imprisonment for life with a direction to pay fine vide judgment dated 25.04.2016. The High Court acquitted Aziz Ahmed from the charge, however , maintained petitioner's conviction and sentence vide impugned judgment dated 17.01.2018, vires whereof, are being assailed primarily on the ground that prosecution hopelessly failed to drive home the charge inasmuch as none appeared to establish safe transmission of samples, secured at the time of seizure, to the office of Chemical Examine r so as to confirm the narcotic character of the contraband and, thus, there was no occasion for the trial Court as well as the High Court to assume that the seized contraband was actually cannabis without being presumpt uous, an option hardly available under the law . The learned Special Prosecutor has not been able to controvert the position taken at the bar .
2. Heard. Record perused.
3. Heinousness of the charge and huge quantity of the alleged contraband, notwithstanding, the prosecution was under a bounden responsibility to drive home the charge by proving each limb of its case that essentially included production of the witness, tasked with the responsibility of transmitting the samples to the office of Chemical Examiner . Failure is devastatingly appalling with unredeemable consequences that cast away the entire case.
Petition is converted into appeal and allowed; the impugned judgment is set aside; the appellant shall be released forthwith if not required to be detained in any other case.
Copy of this judgment be transmitted to the Director General Anti Narcotic Force; he shall order a probe into the grievous lapse in prosecution of the case with a view to fix responsibility for the delinquents.
Cited by 4 cases
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- Naveed-ul-Rehman Versus State 2026 YLR 1515
- Asif Ali & another vs The state through Prosecutor General Punjab 2024 SCP 192, 2024 SCMR 1408, PLJ 2024 SC (Cr.C.) 295
- The State, Nusrat etc vs Nusrat etc, The State 2025 LHC 404