ABDUL RAZZAQ vs THE STATE
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal involving the petitioner Abdul Razzaq, who was implicated in a narcotics case. The core legal question concerns the identity and integrity of the recovered sample, specifically whether the sample found by the chemical examiner to contain heroin was indeed the same sample taken from the petitioner, given the discrepancy in docket numbers where the recovery was sent through Docket No. 333 while the chemical examiner's report referred to Docket No. 604-E. The Court held that the contention regarding the discrepancy in the sample and docket numbers requires detailed consideration. Consequently, the Court granted leave for an early date hearing to examine the matter further.
- Does a discrepancy between the docket number of the recovered sample and the docket number mentioned in the chemical examiner report warrant consideration for leave to appeal?
- Whether the safe custody and identity of a recovered narcotic sample is crucial for maintaining a conviction?
ORDER
ORDER
1. NASIM HASAN SHAH, J.--The contention is that the sample found by the chemical examiner to contain heroin is not the sample taken out from the alleged heroin which was recovered from Abdul Razzaq, petitioner and sent to the chemical examiner for examination. In this connection, it is submitted that the sample recovered from the petitioner was sent through Docket No,333 whereas the report sent by the chemical examiner shows that the sample which was found to contain heroin was sent to him through Docket No,604-E dated 5-2-1985. The contention that the sample found to contain heroin was a sample sent in some other case requires consideration.
2. ' . Early date.