An Appraisal of Cases under Section 9(c) of The Control of Narcotic Substance Act 1997 and the role of Forensic Evidence

Abstract

The role of forensic and chemical expert evidence is increasingly vital due to technological and scientific advancements changing the social, economic, political, and cultural trends. This paper considers exploring the role of forensic and chemical expert's evidence under the control of narcotic substance laws as prevail in Pakistan.The analysis is conducted on cases involving section 9(C) CNSA 1997 from the last five years, 2017-2021. To further narrow down the research, the cases were limited to the petitions filed for leave to appeal in the Supreme Court for the reappraisal of evidence which afforded an opportunity to see how the superior courts in Pakistan have been dealing with the cases involving forensic and chemical analyst's reports. The result of the analysis suggests that the legal framework for control of narcotics is well developed, and judicial policy is to consider expert evidence in corroboration with other material facts otherwise the expert evidence is excluded.

Pakistan's War on Drugs: Examining the Integral Contributions of Police and Prosecution in Narcotics Trials

“…As a consequence, punishment continues to be arbitrary and in contradiction of the express directives of higher levels of the judicial system. All of these factors contribute to the prosecution's incapacity to maintain the greater interest of justice while also ignoring the legal safeguards that are granted to those who have been charged (Lohani & Abbas, 2022).…”