2024 SCMR 913
Crl.P.L.A.1241-L/2023
Sagheer Ahmed v. The State, etc
Possession and transportation of 1420 grams charas - Bail , grant ofFurther inquiry --- Delay in sending samples to the Forensic Science Laboratory --- Sale custody of samples with the police not established --- Accused was arrested on the same day of the registration of the FIR --- As per the report of the Punjab Forensic Science Agency , the sample of the charas was received by Forensic Science Laboratory after a delay of more than a month --- Provisions relating to the sending of samples to the forensic Science Labora were provided in Rule 4 ( 2 ) of Control of Narcotic Substances ( Government Analysts ) Rules , 2001 , which provides that the samples may be dispatched for analysis under cover of Test Memorandum specified in Form - I at the earliest , but not later than seventy - two hours of the seizure --- There was nothing on record to show to whom the alleged recovered narcotics were handed over at the police station for safe custody during that period --- Fact of the safe custody of the recovered narcotic substance is to be established or proved by the prosecution during the trial ; however , the unreasonable delay of more than one month in the present case could be considered at the time of deciding the bail , which made the case of the petitioner ( accused ) one of further inquiry.Accused was behind the bars since his arrest and the trial had not concluded so far , even after a considerable period had elapsed --- Moreover , the maximum sentence for the alleged offence was fourteen years . and as such , it did not attract the bar of Section 51 of Control of Narcotic Substances Act , 1997 --- Petition was converted into an appeal and the same was allowed , and the petitioner was allowed bail after arrest .
No comments:
Post a Comment