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Showing posts with the label 9C CNSA

In the cases under CNSA 1997 it is the 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. This chain has to be established by the prosecution and if any link is missing, the benefit of the same has to be extended to the accused

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In the cases under CNSA 1997 it is the 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. This chain has to be established by the prosecution and if any link is missing, the benefit of the same has to be extended to the accused. In the cases under CNSA 1997, the prosecution is under a bounded responsibility to drive home the charge against an accused by proving each limb of its case that essentially includes production of the witness tasked with the responsibility of transmitting the samples to the office of Chemical Examiner and the failure is devastatingly appalling with unredeemable consequences that cast away the entire case.   Under rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules 2001 (‘Rules of 2001’), the sample for analysis has to be dispatched to the testing laboratory at the earliest but

Case law on 1420 grams charas bail grnted on the grounds delay in sending samples and safe custody not established .

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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 sta