This is a criminal appeal before the Supreme Court of Pakistan challenging the appellant's conviction under the Control of Narcotic Substances Act, 1997. The appellant was initially booked under Section 9(e) and subsequently convicted under Section 9(c) of the Act, receiving a life sentence from the trial court, which was upheld by the High Court. The core legal question addressed by the Supreme Court was whether the prosecution had established the charge beyond reasonable doubt, particularly concerning the integrity of the evidence. The Court noted that the officer responsible for dispatching the narcotic drug sample to the Government Analyst for chemical examination was not produced to prove its safe transmission, thereby compromising the chain of custody. The Supreme Court held that a broken chain of custody renders the chemical examiner's report unreliable and unsafe to support a conviction. Consequently, the prosecution failed to establish the charge beyond reasonable doubt. The Court allowed the appeal, setting aside the conviction and sentence, and acquitted the appellant.
SYED MANSOOR ALI SHAH, J. Appellant was booked under section 9(e) of the Control of Narcotic Substances Act, 1997 ("Act"). for being in possession of narcotic drug. After regular trial, she was convicted under section 9(c) of the Act and sentenced to imprisonment for life by the trial Court. The appeal of the appellant before the High Court was dismissed vide impugned judgment dated 01.4.2014. Hence, this appeal with leave of the Court granted on 17.2.2017.
2. At the very outset, we have noticed that the sample of the narcotic drugs was dispatched to the Government Analyst for chemical examination on 27.2.2006 through one Imtiaz Hussain, an officer of ANF but the said officer was not produced to prove safe transmission of the drug from the Police to the chemical examiner . The chain of custody stands compromised as a result it would be unsafe to rely on the report of the chemical examiner . This Court has held time and again that in case the chain of custody is broken, the Report of the chemical examiner loses reliability making it unsafe to support conviction. Reliance is placed on The State through Regional Director ANF V ersus Imam Bakhsh and others (2018 PSC (Crl.) (SC Pak) 1089).
3. For the above reasons the prosecution has failed to establish the charge against the appellant beyond reasonable doubt, hence the conviction and sentence of the appellant is set aside and this appeal is allowed, setting the appellant at liberty unless required in any other case.
4. Foregoing are the reasons for our short order dated 14.5.2019, which for the sake of convenience and completion is reproduced hereunder:- "For detailed reasons to be recorded later, the instant criminal appeal is allowed. The conviction and sentence of the appellant Mst. Razia Sultana are set aside. She is acquitted of the charge framed against her. She shall be released forthwith, if not required to be detained in any other criminal case."1
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