Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 1460 grams of charas (narcotic)---Reappraisal of evidence---Prosecution case hinged upon statements of two witnesses who were police officials---Said witnesses did not have any enmity with the accused, who was intercepted at a public place during routine search by the police---Narcotic, considerable in quantity, could not possibly be foisted upon the accused to fabricate a fake charge, that too, without any apparent reason---While furnishing evidence, both the witnesses remained consistent throughout and their evidence was confidence inspiring---High Court had rightly convicted the accused under S. 9(c) of Control of Narcotic Substances Act, 1997 and sentenced him to 4 years imprisonment with fine---Petition for leave to appeal was dismissed and leave was refused. (b) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Report of Government Analyst---Protocols/procedure---Scope---Substantial compliance with R. 6 of the Control of Narcotic Substances (Government Analysts) Rules 2001 ('Rule 6')---Said Rule required reference to the test applied for analysis of narcotic---Forensic report in the present case substantially met the legal requirements of Rule 6 as it contained a separate heading with the title ""Test Performed on Received Item(s) of Evidence"---Details mentioned in the forensic report regarding procedure/ tests applied did not fall short of the requirement of 'protocol' under R. 6---Petition for leave to appeal was dismissed and leave was refused. (c) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Report of Government Analyst---Government Analyst, summoning of---Scope---Rule 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001, being directory in nature, did not preclude an accused to summon the Government Analyst so as to solicit specific details, if any, required by him to vindicate his position. THIS JUDGMENT DELIVERED BY:…

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