Islamabad: The Supreme Court has ruled that any quantity of narcotics that has not undergone chemical analysis could not legally be taken into consideration for upholding a conviction or determining the quantum of sentence, holding that only the quantity subjected to forensic examination could be relied upon for sentencing purposes.
A three-member bench headed by Justice Muhammad Hashim Khan Kakar and comprising Justice Shakeel Ahmed and Justice Ishtiaq Ibrahim issued the ruling while deciding an appeal filed by Muhammad Hussain in a case involving the alleged recovery of 1, 500 kilograms of charas (hashish).
According to the prosecution, 1, 500 packets of charas were recovered from the accused. Five grams were taken as samples from each packet and separate parcels were prepared. However, only one parcel, containing a total sample of 7, 500 grams, was sent to the Forensic Science Laboratory for chemical analysis.
The Supreme Court held that the remaining alleged quantity of recovered charas had not undergone chemical analysis and, therefore, could not legally be counted against the accused for the purpose of conviction or sentencing.
The court observed that where a representative or composite sample is sent to a forensic laboratory, only the quantity represented by the sample, or the quantity actually subjected to chemical analysis, could legally be taken into account.
The court noted that the subordinate courts had overlooked the principles previously laid down by the Supreme Court and had convicted the accused on the basis of the entire alleged recovered quantity.
The Supreme Court, however, maintained Muhammad Hussain’s conviction but reduced his sentence of life imprisonment to seven years. The fine of Rs. 100, 000 was also maintained, while the one-year simple imprisonment prescribed in default of payment of fine was reduced to two months.
The court also extended the benefit of Section 382-B of the Code of Criminal Procedure to the accused and partially allowed the appeal.
Justice Ishtiaq Ibrahim authored the judgment.
