Law:

Section:

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 34, 35 & 36--Narcotics Testing Laboratories--Federal and provincial governments have to set up Narcotics Testing Laboraties or Narcotics Testing Research Laboratories/Institutes while u/S. 35 the Federal or Provincial Governments have to appoint an expert with the prescribes qualification as analyst for testing narcotics substances and to give an opinion--These appointments are to be made through an official notification which shall be published in official Gazette--Similarly, u/S. 36 a proper procedure has been laid down for the government analyst how to subject to test drugs or narcotics substances and the manner of forwarding/giving his opinion and such opinion shall be admissible as evidence of the facts, stated therein without calling for evidence the expert and the opinion in the absence of evidence in rebuttal shall be conclusive--Through various notifications, issued in the official gazettes from time to time, not only such Testing Laboratories but different analysts have been duly notified who alone are competent to give opinion with regard to narcotics substance and no other person even of a high caliber has any authority to declare or opine that any substance recovered is a narcotics substance and nothing else. Assumption and presumption-- ----If Court proceed on assumption and presumption such practice would be in disregard of the cardinal principle of justice and would be violative of the statutory provisions of law because neither the Court nor the prosecutor or the arresting agency has any power or authority to give such opinion nor such opinion, if so given, would carry any legal worth. Accused most blessed child of law-- ----Principle of Justice--An accused is the most blessed child of law--He/she is not required to take a particular defence plea provided, his/her plea is either established through the evidence led by the prosecution or is gleaned out through the peepholes of the prosecution case--Accused is not at all under a legal burden to make a high pitched cry like a baby about his defence plea. Criminal Justice-- ----Principle--No one should be construed into a crime…

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