Ali Baqar Najafi, J.--This Criminal Revision is directed against order dated 29.03.2016 passed by the learned Additional Sessions Judge, Taunsa Sharif, whereby the application submitted by District Public Prosecutor for re-sampling of the Drug Narcotics was allowed on the ground that since prosecution witnesses supported the version of the prosecution therefore, notwithstanding the negative report of Chemical Examiner on the sample taken at the time of recovery, the whole bunch of the narcotic drug lying in the police Malkhana be sent to the office of the Punjab Forensic Science Laboratory to furnish report within a month.
2.Arguments heard. Record perused.
3. Admittedly, one sample of 20 grams was separated from the recovered narcotics weighing 1070 grams Maras in case FIR No. 108 dated 15.06.2014 registered under Section 9(c) of the Narcotic Substances Act, 1997 at Police Station, Ritra District D.G.Khan which was sent for chemical analysis and the result of which has been found negative. On 21.12.2015 the application was filed by the District Public Prosecutor for re-sampling of narcotics without mentioning any reason. Obviously, if unscrupulous and professional litigants tried to change the result of narcotics to get favourable result such reasons should have been substantiated by showing some solid steps taken against the responsible officials in order to ensure that the correct results are issued by Punjab Forensic Science Laboratory on whole bunch. Here reliance can be placed on The State vs. Amjad Ali 12007 P.S.0 (Crl.)2841. The judgment NADEEM ASHRAF vs. The STATE and others p2013 SCM R 1538] is relatable to the different facts and circumstances of the case as in that case the result on the sample sent for chemical analysis was not questioned but the issue was the effect of the mixing of the recovered narcotic substance taken from different packets.
4. Learned Law Officer has not been able to convince this Court about the sustainability of order passed by the trial Court as a result of which this criminal revision is allowed and the impugned order is set aside.