9C CNSA Safe Custody if not proved step by step. Case will not proved and accused will get benefit.
9c CNSA |
2023 SCMR 139
. S.9(c)--- Possession of narcotic --- Safe custody and transmission of sample parcels to the office of Chemical Examiner not established---In cases under section 9(c) of the Control of Narcotic Substances Act, 1997, it is duty of the prosecution to establish each and every step from the stage of recovery, making of sample parcels, safe custody of sample parcels and safe transmission of the sample parcels to the concerned laboratory---Such chain has to be established by the prosecution and if any link is missing in such like offences the benefit must be extended to the accused---In a case containing the said defect on the part of the prosecution it cannot be held with any degree of certainty that the prosecution had succeeded in establishing its case against an accused person beyond any reasonable doubt.
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