SHUJAT ALI versus THE STATE THROUGH ADVOCATE GENERAL, KHYBER PUKHTUNKHWA
From the definition, mix, and mix of evidence in Section 9 (c) drug possession and trafficking, 3/3 samples weighing every 10 grams were isolated while three samples were also separated every 10 grams of opium, the investigating officer said. Sent a sample of charset and opium for chemical analysis, the prosecution was under legal obligation. First each packet is weighed, and then separate a small amount from each packet, properly sealed and send them for chemical analysis. Such legal requirement was not complied with in the present case. The specimen sent to the forensic science laboratory for the same cannot be said. According to the quantum of time the suspect was convicted in representative sample circumstances, the law was not sustainable because a sample of 10 grams of amalgama ted hashish and 10 grams of opium was sent for chemical analysis, the report said in the affirmative. In these circumstances, only 1 kilogram of hashish or one kilo opium was charged. The Control of Narcotic Substance Act was maintained under Section 9 (c) of the 1997 Act, but the sentence was reduced to seven years in prison \ RI, while the fines imposed on the accused were upheld. n
Related judgments — Peshawar High Court NWFP, 2015
