SC sets rule on narcotics evidence

ISLAMABAD:

The Supreme Court has ruled that any quantity of narcotics that has not undergone chemical analysis could not legally be taken into consideration for upholding a conviction or determining the quantum of sentence, holding that only the quantity subjected to forensic examination could be relied upon for sentencing purposes.

A three-member bench headed by Justice Muhammad Hashim Khan Kakar and comprising Justice Shakeel Ahmed and Justice Ishtiaq Ibrahim issued the ruling while deciding an appeal filed by Muhammad Hussain in a case involving the alleged recovery of 1,500 kilograms of charas (hashish).

According to the prosecution, 1,500 packets of charas were recovered from the accused. Five grams were taken as samples from each packet and separate parcels were prepared.

The Supreme Court held that the remaining alleged quantity of recovered charas had not undergone chemical analysis and, therefore, could not legally be counted against the accused for the purpose of conviction or sentencing.