QAZI MUHAMMAD AMIN AHMED, J. Muhammad Boota, petitioner herein, was tried alongside Rashid Ali, acquitted co-accused, by a learned Addl. Sessions Judge at Multan; surprised by a police contingent, they were intercepted while transporting 15 sacks of Bhang, weighing 5 mound, on 11.6.2013 within the precincts of Police Station Baha-ud-Din Zakariya Multan; convicted under section 9(c) of the Cont rol of Narcotic Substances Act, 1997, both were sentenced to imprisonment for life along with fine of Rs.25,000/- or to undergo simple imprisonment for one year in default thereof. A learned Division Bench of Lahore High Court at Multan acquitted Rashid Ali convict from the charge while maintaining petitioner's conviction and sentence vide impugned judgment dated 21.9.2017, vires whereof are being assailed on a variety of grounds, absence of analysis protocol in the forensic report being most prominent.
2. It has since been authoritatively settled by this Court in the case reported as The State through Regional Director ANF v. Imam Bakhsh (2018 SCMR 2039 ) that confirmatory forensic conclusions to establish narcotic character of a substance must be supported by protocol/ procedure mandated by Rule 6 of the Control of Narcotic Substances (Government Analysts) Rules 2001 and non-compliance of Rule ibid would render the report of the Government Analyst inconclusive, suspi cious and untrustworthy and will not meet the evidentiary assumption attached to a report of the Government Analyst. Confronted with the shortcoming of the anomalous report, the learned Law Officer, nonetheless, still defended the impugned judgment, however , without mark. Prosecution has failed to prove its case against the petitioner to the hilt and it would be unsafe to maintain the conviction. Criminal petition is converted into appeal and allowed, impugned judgment is set aside, the petitioner/appellant shall be released forthwith, if not required in any other case.