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2008 SCMR 1533

HASHMATULLAH vs THE STATE

Citation2008 SCMR 1533
CourtSupreme Court of Pakistan
Case No.Jail Petition No,415 of 2004
Date2005-11-24
Judge(s)Abdul Hameed Dogar, Shakirullah Jan, Raja Fayyaz Ahmad
Resultappeal granted

ORDER

ABDUL, HAMEED DOGAR, J.--- Petitioner, Hashmatulalh, seeks leave to appeal against the judgment dated 28-9-2004 of a learned Division Bench of the Lahore High Court, Lahore whereby Criminal Appeal No,1754 of 2002 preferred by him was dismissed and his conviction under section 9(c) of the Control of. Narcotic Substances Act, 1997 and sentenced to suffer imprisonment for life and to pay fine of Rs,50,000 or in default payment of fine to further undergo six months'. R.I. Awarded by the learned Additional Sessions Judge, Sheikhupura were maintained.

2. Learned counsel for the petitioner mainly contended that though samples of 1 Kg. Each were separated for chemical analysis from each bag but the same were not sent to the laboratory for examination. According to him, the report of Chemical Examiner to Government of Punjab are neither on the prescribed pro forma of Excise Muharrier Form nor signed by the Chemical Examiner.

On the contrary, it has been prepared on a Form of Excise Manual and in the Excise Office and signed by the Excise Inspector.

3. Accordingly, leave to appeal is granted, inter alia, to consider the above aspect of the matter for safe administration of criminal justice.

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