IN THE SUPREME COURT OF PAKISTAN  
(Appellate Jurisdiction) 
 
 
 
 
 
PRESENT: 
MR. JUSTICE ANWAR ZAHEER JAMALI  
MR. JUSTICE GULZAR AHMED  
MR. JUSTICE DOST MUHAMMAD KHAN  
 
Criminal Appeal No.163/2013 and Criminal Appeal No.164/2013 
(On appeal from the judgment dated 16.5.2013 passed by the Lahore High Court, 
 Rawalpindi Bench Rawalpindi in Criminal Appeal No.333/2010). 
 
 
1. Taimoor Khan 
 
 
 
 
 
 
…Appellant  
(In Crl.A.163/2013 
 
2. Taj Muhammad   
 
 
 
 
 
…Appellant  
(In Crl.A.164/2013 
Versus  
 
The State and another  
..Respondents in both cases 
 
In Crl.A.No.163/2013 
 
For the appellant: 
 
 Mr. Basharatullah Khan, ASC 
 
 
 
 
Syed Rifaqat Hussain Shah, AOR 
 
For the State:  
 
Mr. Muhammad Waheed Khan, Addl. PG. Pb 
 
 
In Crl.A.No.164/2013 
 
For the appellant: 
 
 Malik Abdul Haq, ASC 
 
For the State:  
 
Mr. Muhammad Waheed Khan, Addl. PG. Pb 
 
 
Date of hearing: 
 
4.2.2015 
 
 
 
 
 
 
JUDGMENT  
 
 
Dost Muhammad Khan, J-. This single judgment shall also decide 
Criminal Appeal No.164/2013 filed from Jail by Taj Muhammad as both are 
against the same judgment of Lahore High Court Rawalpindi Bench, Rawalpindi 
dated 16.5.2013 and because both are out come of the same crime FIR No.174 
dated 17.7.2007 registered by Police Station, Hasan Abdal district Attock under 
Section 9(c) of Control of Narcotic Substances Act, 1997.  
 
 
Crl.As.163-64/2013 
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 Arguments of the learned counsel for the appellants and learned 
counsel on behalf of State heard and record carefully perused.  
 
2. 
 
On the above date, at 7.00 am truck No.P-3388/Peshawar was 
intercepted by Shakeel Ahmed, Inspector/SHO/I.O., Police Station, Hasan 
Abdal alongwith his police party. After a brief chase, the same was brought to 
halt. The present appellant was found on the front seat, while Taj Muhammad 
appellant of the connected appeal, was occupying the driver seat. On search of 
the body/deck of the truck, 160 bags ground poppy, each weighing 50 
kilograms, total weight 8000 kilograms was recovered. Allegedly, small quantity 
from each bag, total weighing 500 grams was separated for examination by the 
Chemical Examiner for his opinion and report, while bulk of stuff was separately 
taken into possession. Both the appellants were arrested.  
 
3. 
 
The Chemical Examiner report Ex-PD dated 25.7.2007 reveals as 
follows:- 
“The sample was examined and I was led to conclude 
 that it was poppy head. Test on back page. 
 
The above packet contains crushed poppy  
heads which can be used to cause intoxication” 
 
 
4. 
 
On the reverse page of the report, for his own convenience, the 
Chemical Examiner has put a rubber stamp and only the blanks have been filled 
without showing the percentage of Meconnic Acid, Sulphuric Acid, Porphyroxin, 
Alkaloids, Morphine and Codeine. According to chemical and physiological 
formula, the combination of these acids and alkaloids of required percentage 
would constitute narcotics substance of a prohibited degree.  
 
5. 
 
Today when the case was taken up for hearing, the learned State 
counsel simply relied on the definition given in Section 2, clause (t) which is 
reproduced below:- 
Crl.As.163-64/2013 
3 
 
 
 
“(t) 
 
“opium” means..... 
(i) 
poppy straw, that is to say, all parts of 
the poppy plant (papaver somniferum 
or any other species of papaver after 
mowing, other than the seeds;” 
 
 
6. 
 
He also referred to Clause (w) of Section--2 defining poppy straw 
which is as follows:- 
 
“(w)  “poppy straw” means all the parts, except  
the seeds of the opium poppy after mowing;” 
 
7. 
 
In view of the legal controversy, we have carefully attended to this 
aspect of the matter and found that the report of Chemical Examiner as is 
common to all experts on the subject is a rough work not upto the mark. We have 
noticed with great concern that Chemical Examiners are taking this important 
task very lightly, conveniently ignoring the fact that their report alone would 
render the substance to be a particular narcotic substance because under the 
provision of Section 34 of Control of Narcotic Substances Act, 1997, the Federal 
Government has been authorized to set up Narcotic Testing Laboratories and 
such other Institutes and Narcotics Testing Research Laboratories or notify any 
other laboratory or institute to be a Federal Narcotics Testing Laboratory for 
carrying out the purpose of the Act.  Under the provisions of Sub-section-2 
thereof, the Provincial Governments have also been vested with the same and the 
similar authority.  
 
8. 
 
With few exceptions, both the Federal and Provincial Governments 
have almost notified the existing Narcotics Testing Laboratories for the purpose 
of section 34 of the Narcotics Substance Control Act, 1997 and did not establish 
modern laboratories, well equipped with the modern techniques, managed and 
headed by the experts of required qualifications and experience, essential for 
Crl.As.163-64/2013 
4 
chemical analysis of narcotics. In this way, both the governments have not 
fulfilled their statutory obligation under the provision of section law. This kind 
of uncaring attitude on the part of the Executive fully exposes the degree of 
interest it has taken, to assist in the administration of justice on the matters 
relating to narcotics substance. For this very reason, the raw hands so-called 
experts and ill-equipped laboratories are forwarding reports to the Courts, bereft 
of sound reasons, the chemical and physiological formula and percentage of each 
alkaloid found in the substance is conspicuously omitted essential to form a fair 
conclusive opinion regarding its potency of causing intoxication.  
9. 
  
Opium or opium derivatives are obtained from opium poppies 
(papaver somniferum), the most popular and attractive garden plants. The 
opium latex inside the pod is obtained through indigenous process. Sharp 
cuts/incision is given puncturing the pod, the liquid/latex starts leaking out and 
coagulates around the pod and after many hours when it changes the colour, the 
dried latex is scrapped. The same is then transformed into baked or consumable 
opium through indigenous process of light heating. 
10. 
  
The baked/dried opium contains two main groups of Alkaloids. 
The first group is morphine, codeine and thebaine.  The other group is 
Isoquinolines, such as papaverine and Noscapine. The First group falls within 
the definition of dangerous drugs (narcotics substance) as the same significantly 
effects the central nerve system. If the opium is chemically processed then, 
synthetic morphine, heroin and codeine are procured therefrom. Amongst the 
first category morphine is placed in the most dangerous drug like heroin. The 
first category of alkaloids in opium contains 10% to 16% morphine having 
dangerous/harmful effects causing lungs edema, respiratory conjunction, 
ultimately leading to collapse of cardiac and respiratory system. Although under 
a proper licensing system, it is also used for medicinal purpose but the 
Crl.As.163-64/2013 
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smugglers involved in illegal business, supply the same to the drug edicts 
throughout the world.  
11. 
  
Under the provision of section 34 (ibid) read with the relevant 
rules, the opinion of the notified expert alone is admissible in evidence and the 
person found in possession of narcotics substance is invariably punished on the 
opinion of the expert because the Investigating Officer, the Prosecutor or the 
Judges being not expert on the subject cannot give legally acceptable opinion to 
this effect. In this way, very heavy responsibility is placed on the qualified 
Chemical Examiner by the law to give well reasoned, authoritative and detailed 
opinion about a particular narcotics substance.  
12. 
  
Keeping in view the provisions of the Act, Rules, vide SRO 
No.810(I)/2001 dated November 28, 2001 were published in the Gazette of 
Pakistan, Extraordinary Part-II for the guidance of the Chemical Examiners and 
about their qualification. Under rule 3 thereof, the chemical analysts shall be a 
person who has a degree in Pharmacy or Pharmaceutical Chemistry or Medicine 
from a recognized University or of any other institution recognized by the 
Federal Government for this purpose and has not less than three years 
postgraduate experience in the test and analysis of drugs. While, under rule 4 the 
Investigating Agency is required to send a sample in a reasonable quantity taken 
from each bag/slab/packet to the Testing Laboratory by insured post or through 
special messenger duly authorized for the purpose.  
 
Rule 6 of the ibid Rules requires that after test or analysis, the result 
thereof, together with full protocols of the test applied, shall be signed in 
quadruplicate and supplied forthwith to the sender as specified in Form-II, 
which shall be signed and stamped by the officer authorized and notified by the 
Federal Government in the Official Gazette. 
 13. 
  
The above legal requirements are obligatory/mandatory in nature, 
therefore, chemical analysis if carried/conducted in derogation of or in disregard 
Crl.As.163-64/2013 
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of the required procedure, the report of the Chemical Examiner would lose its 
sanctity and cannot be acted upon for the purpose of convicting a person on 
absurd, meager, cryptic, insufficient and inconclusive report. It is a high time for 
the prosecution and all the government departments dealing with this subject, to 
realize the sensitivity of the matter because under the provisions of S. 9(c) of the 
Act, 1997, the punishment for possessing, transporting or trafficking and 
smuggling narcotics substance is death sentence or life imprisonment  with a fine 
of no limit. No one can be deprived of his lifelong liberty or sent to gallows 
unless and until the Chemical Examiner possesses the required qualification and 
experience, duly notified by the Federal Government and his report contains 
elaborate reasons giving percentage of each alkaloid contained in the narcotics 
substance and giving a conclusive opinion as to whether the required percentage 
of alkaloid is sufficient to cause intoxication and the substance so analyzed 
clearly falls within the definition of narcotics substance or not.  
 14. 
  
As earlier noted, in the present case on the second page of the 
report of Chemical Examiner (Ex-PD) it is mentioned that the sample was 
consisting of crushed poppy heads of brownish colour. The Chemical Examiner 
has put a rubber stamp on the same page, which is as follows:- 
 
 
 
 
  
 
The above rubber stamped chart does not convey any sense much less a 
meaning as to what actually the Chemical Examiner has written and conveyed to 
the Court or to the sender, in his report.  Certainly it is a gross negligence on his 
part. He has violated the rules and mandatory procedure and is liable to be 
proceeded against under the E&D Rules to make it a lesson for the others.  
CHEMICAL TESTS FOR OPIUM CONTENTS 
Test For Meconic Acid ____________ 
Test for Sulphuric Acid____________ 
Test for Porphyroxin_______________ 
Test Alkaloids____________________ 
1 Morphine_______________________ 
2 Codein_________________________ 
Crl.As.163-64/2013 
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15. 
  
During the course of hearing, we were also confronted with the 
correct and true definition of narcotics substance/drug, particularly, opium and 
its alkaloids and that what percentage of the same on consumption would cause 
intoxication to bring it within the definition of narcotics substance. This issue 
was also the subject of discussion and debate before the Lahore High Court in 
the case of Khalil-ur- Rehman v. The State (PLD 2005 Lhr. “F.B” 440).  
16. 
  
After combined study of the various provisions of the definition 
clauses i.e. sections 2 and 3 of the Act, one is left to the guesswork due to 
incomplete and absurd definition of ‘opium’ given in clause (t) of section 2 of the 
Act. The same is reproduced below:- 
 
(t) 
“opium’ means--- 
(i) 
poppy straw, that is to say, all parts of the poppy plant 
(papaver somniferum or any other species of papaver) after 
mowing, other than the seeds; 
(ii) 
the spontaneously coagulated juice of capsules of poppy 
which has not been submitted to any manipulations other 
than those necessary for packing and transport;  
and  
(iii) 
any mixture, with or without natural materials, of any of the 
above forms of opium, but does not include any preparation 
containing not more than 0.2 per cent of morphine.” 
Similarly, under clause (w) “poppy straw” means all the parts, except the seeds of the 
opium poppy after mowing, while under clause (x) “poppy straw concentrate” 
means the material obtained after the poppy straw has been subjected to a process for the 
concentration of its alkaloids. In the judgment (ibid) the Lahore High Court has 
noted down the defects, flaws and omissions in the definition clauses however 
after 
holding 
such 
view, 
no 
directions 
were 
issued 
to 
the 
Legislature/Government to make good the deficiency in the relevant provisions 
of law.  
17. 
  
Now it is deemed imperative to draw a fair inference from the 
definition clauses of section 2 of the Act and if it is not so possible then to 
recommend and advise the remedial measures.  
Crl.As.163-64/2013 
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18. 
  
The definition of the ‘poppy straw’ although does not expressly 
mention the latex in liquid or dried form but the deducible inference would be 
that it speaks about the entire plant including the poppy pods containing 
latex/milky liquid, from which opium is obtained because the intended 
exclusion therefrom is the seeds inside the pod. Thus, fair conclusion would be 
that it does not speak with clarity about the opium as well, which is part of the 
poppy straw.  The next question thus, arises is that, primarily it is the percentage 
of particular alkaloids in a particular substance, which would render the 
substance a narcotics substance because the universal conventions too lay 
emphasis to that effect. However, the vagueness and absurdity in the relevant 
definition clauses leave behind much for debate and discussion. There is no cavil 
to the proposition that once it is described that the latex/liquid inside the pod of 
poppy plant, obtained through the above indigenous procedure, is the principal 
narcotics substance, the most precious one for those who indulge in illegal 
business of opium then empty capsules/pods, out of which the seeds and 
remnants/micro particulars are removed/scrapped, still would have intoxicating 
effect, is definitely a matter of high presumption and drawing conclusion in that 
way would be highly unsafe unless research based opinion, both of international 
and national level is incorporated in the true and correct definition of poppy 
straw, clearly drawing a distinction between pure opium, pods and straws 
including the latex of the poppy plants to categorize which one is potential 
narcotics substance and others of minimum degree not causing intoxication like 
pure opium as presently, the definition of poppy straw u/s 2(t) is misleading 
being vague and absurd. 
19. 
 
This clarification in the definition clause is required to be made 
because not only the sentence u/s 9(c) of the Act is death or life imprisonment if  
Crl.As.163-64/2013 
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the quantity is of the nature mentioned therein but also for the reasons that this 
grave menace of drug trafficking is increasing day by day because of the poppy 
cultivation at massive level in the neighbouring country, so that the serious 
mischief posing threat to human life and dignity is suppressed in an effective 
manner. The Government and the Legislature may take guidance from the 
international conventions beside the research oriented opinions of the experts on 
the subject while making amendments in, addition or omitting something from 
the definition clauses so that the meaning of opium with regard to poppy straw 
is clearly provided and present confusion in the definition clauses is adequately 
removed/done away. Therefore, we direct the Government to make an early 
effort for doing the needful as discussed above.  
  
Similarly, the learned Attorney General for Pakistan and the Secretary 
Narcotics Division are required to issue clear directions to all the Laboratories, 
headed by the Chemical Examiners requiring them to comply with the above 
guidelines contained in the rules mentioned above, otherwise such cryptic, 
absurd, meager and inconclusive report would be of no benefit to the 
prosecution in future. The required qualification and experience of each expert 
shall also be checked and properly verified without any undue delay.  
20. 
  
Now looking at the facts of the present case, we have found on 
record an application of the accused submitted to the trial Court with a request 
to send a reasonable quantity of the preserved sample for re-examination 
through any other Laboratory however, at a subsequent stage, the defence did 
not press the application rather abandoned this plea and it was dismissed by the 
trial Court through a short order. This conduct of the accused/defence raises a 
strong presumption against them as they were apprehending another result 
adverse to them, otherwise there was no impediment in their way to have taken 
the matter to a logical conclusion getting clearance from the charge.  
Crl.As.163-64/2013 
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21. 
  
Accordingly, we do not find legal merits in both the appeals, which 
are dismissed.  
 
Judge 
 
Judge  
 
Judge  
Islamabad, the   
4th February, 2015 
Sarfraz /- 
 
 
 
 
‘Approved for reporting’