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    The Supreme Court of Pakistan dismissed a petition seeking bail from a case involving possession of narcotics. [1] The petitioner argued that under a previous ruling, he could only be convicted for the amount of narcotics that was sent for chemical analysis, which was a smaller amount. [2] However, the court found that the previous ruling dealt with an appeal where all evidence had been presented, while this case was still at the trial stage. [3] The prosecution is allowed to present further evidence, including sending all seized narcotics for analysis. Therefore, the petitioner's assumption about the evidence to be presented was premature, and his bail petition was dismissed.

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    The Supreme Court of Pakistan dismissed a petition seeking bail from a case involving possession of narcotics. [1] The petitioner argued that under a previous ruling, he could only be convicted for the amount of narcotics that was sent for chemical analysis, which was a smaller amount. [2] However, the court found that the previous ruling dealt with an appeal where all evidence had been presented, while this case was still at the trial stage. [3] The prosecution is allowed to present further evidence, including sending all seized narcotics for analysis. Therefore, the petitioner's assumption about the evidence to be presented was premature, and his bail petition was dismissed.

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    77 views3 pages

    2013 SCMR 1538

    Uploaded by

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    The Supreme Court of Pakistan dismissed a petition seeking bail from a case involving possession of narcotics. [1] The petitioner argued that under a previous ruling, he could only be convicted for the amount of narcotics that was sent for chemical analysis, which was a smaller amount. [2] However, the court found that the previous ruling dealt with an appeal where all evidence had been presented, while this case was still at the trial stage. [3] The prosecution is allowed to present further evidence, including sending all seized narcotics for analysis. Therefore, the petitioner's assumption about the evidence to be presented was premature, and his bail petition was dismissed.

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    ScriptScript 

    2013 S C M R 1538

    [Supreme Court of Pakistan]

    Present: Tassaduq Hussain Jillani and Asif Saeed Khan Khosa, JJ

    NADEEM ASHRAF---Petitioner

    Versus

    The STATE and others---Respondents

    Criminal Petition No.472-L of 2013, decided on 17th June, 2013.

                (On  appeal  from  the  judgment  dated  23-4-2013  passed by the  Lahore  High Court, Lahore in
    Criminal Miscellaneous No.3753-B of 2013.)

    Criminal Procedure Code (V of 1898)---

    ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9(a) & 9(c)---Constitution  of 
    Pakistan, Art. 185(3)---Possession of narcotic--- Bail, refusal of--- Narcotic contained in different
    packets/ parcels mixed together before being sent for chemical analysis---Allegation against accused was
    that he had booked cartons for cargo, and upon search of said cartons heroin weighing 945 grams was
    recovered from 26 elevators and 420 grams of heroin was recovered from the other 10 elevators---Pleas
    of accused were that entire heroin recovered from 26 elevators was mixed together and only 10 grams
    were  sent  for  chemical  analysis;  that heroin recovered from other 10 elevators was also mixed together
    and only 10 grams was sent for chemical analysis; that in such circumstances the total heroin which was 
    sent and tested by the chemical examiner would come only to 78.34 grams  and he could only be
    convicted for the heroin which was sent and tested for analysis in view of the law laid down in the case of
    Ameer Zeb v. State (PLD 2012 SC 380); that offence against him  in such circumstances would fall
    within the mischief of S. 9(a) and not S.9(c) of Control of Narcotic Substances Act, 1997---Validity---
    Judgment to which reference was made by accused  i.e. Ameer Zeb v. State (PLD 2012 SC 380) was a
    criminal appeal, wherein the entire evidence had been led---Trial in the present case was yet to commence
    and it would be presumptuous on part of the accused to infer that the prosecution would lead evidence
    only to the extent of the weight to which he had made reference---Prosecution was free to lead further
    evidence in the present case and to request the court that it be allowed to send the entire narcotics
    allegedly recovered from the accused for chemical analysis---Accused was refused bail in
    circumstances---Petition for leave to appeal was dismissed accordingly and leave was refused.

                Ameer Zeb v. State PLD 2012 SC 380 distinguished.

                Mushtaq Ahmed Moha, Advocate Supreme Court and Mahmud ul Islam, Advocate-on-Record for
    Petitioner.

                Sahibzada Anwar Hameed, Special Prosecutor, Anti-Narcotics Force for the State.

                Date of hearing: 17th June, 2013.

    JUDGMENT

                TASSADUQ HUSSAIN JILLANI, J.---Petitioner seeks bail in a case registered vide F.I.R. No.
    24 dated 7-9-2012 under section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station
    ANF, Sialkot wherein the allegation is that on the fateful day he came to the office  of  the  Skynet 
    cargo,  Sialkot  to  book  two  cartons  and  that when he was apprehended and the cartons were opened
    heroin weighing 945 grams was recovered from 26 elevators and 420 grams of heroin was recovered from
    the other 10 elevators. According to learned counsel the entire heroin recovered from 26 elevators was
    mixed together and only 10 grams was sent to the office of the Chemical Examiner for analysis and
    similarly the heroin recovered from the other 10 elevators was also mixed and only 10 grams was sent for
    analysis. The total heroin which was sent and tested by the office of the Chemical Examiner, in the afore-
    referred circumstances, he added, would come only to 78.34 grams and the petitioner can only be
    convicted for the heroin which was sent and tested for analysis in view of the law laid down by this Court
    in Ameer Zeb v. State (PLD 2012 SC 380). The offence in these circumstances, he further added, would
    fall within the mischief of section 9-A of the C.N.S.A. and not 9-C.

    2.         Learned Special Prosecutor, Anti-Narcotics Force opposed the petition and submitted that the case
    relied upon by the petitioner is an appeal case; the evidence is yet to be recorded and the trial Court or the
    prosecution can always lead additional evidence with a view to render complete assistance to the court.

    3.         We have considered the submissions made and find that the judgment  to  which  reference  has 
    been  made  by  learned  counsel  for the petitioner was in a criminal appeal when the entire evidence had
    been led and the court after considering the said evidence came to the conclusion as reflected in para 8 of
    the said judgment which reads as follows:-

                "8. For the purposes of clarity and removal of confusion it is declared that where any narcotic
    substance is allegedly recovered while contained in different packets, wrappers or containers of any kind
    or in the shape of separate cakes, slabs or any other individual and separate physical form it is necessary
    that a separate sample is to be taken from every separate packet, wrapper or container and from every
    separate cake, slab or other form for chemical analysis and if that is not done then only that quantity of
    narcotic substance is to be considered against the accused person from which a sample was taken and
    tested with a positive result."

    4.         Admittedly the trial has yet to commence and it would be rather presumptuous on the part of the
    petitioner to infer that the prosecution would lead evidence only to the extent of the weight to which
    reference has been made by petitioner's learned counsel. It is always open for the parties and in this case
    for the prosecution to lead further evidence and to request the court that it be allowed to send the entire
    narcotics allegedly recovered from the petitioner for chemical analysis.

    5.         For what has been discussed above, we do not find any merit in this petition, which is dismissed
    and leave refused.

    MWA/N-11/SC                                                                                   Petition dismissed.

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