IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Amin-ud-Din Khan 
 
Criminal Petition No.1121/2017 
(Against judgment dated 21.9.2017 of the Lahore 
High Court, Multan Bench passed in Cr. A. 
No.482/2014) 
 
Muhammad Boota 
   
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State and another 
 …Respondent(s) 
 
For the Petitioner(s): 
Mr. Shahid Azeem, ASC 
 
For the State: 
Mirza 
Abid 
Majeed, 
Deputy 
Prosecutor 
General Punjab 
 
Date of hearing: 
2.12.2019 
 
ORDER 
 
 
      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 
Control of Narcotic Substances Act, 1997, both were sentenced to 
imprisonment for life alongwith 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 Vs. 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 
Cr.P. No.1121 of 2017 
2
inconclusive, suspicious 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.  
 
 
Judge 
 
 
 
Judge 
 
 
 
Judge 
Islamabad  
2nd  December, 2019 
Not approved for reporting 
Azmat* 
