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

Section: R.5,6

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),34,36

Safe Custody & Safe Transmission of Narcotics Sample-- ----Safe custody and safe transmission of alleged drug from spot of recovery till its receipt by Narcotics Testing Laboratory are not satisfactorily established--Chain of custody begins with recovery of seized drug by Police and includes separation of representative sample(s) of seized drug and their dispatch to Narcotics Testing Laboratory--Chain of custody, is pivotal, as entire construct of Act and Rules rests on Report of Government Analyst, which in turn rests on process of sampling and its safe and secure custody and transmission to laboratory--Prosecution must establish that chain of custody was unbroken, unsuspicious, indubitable, safe and secure--Any break in chain of custody or lapse in control of possession of sample, will cast doubts on safe custody and safe transmission of sample(s) and will impair and vitiate conclusiveness and reliability of Report of Government Analyst. 2012 SCMR 577, 2015 SCMR 1002 ref. Control of Narcotic Substances (Government Analysts) Rules, 2001-- ----Rr. 5 & 6--Control of Narcotic Substances (Government Analysts) Rules, 2001 operationalizes purposes of Act to extent of test and analysis of recovered substance--These Rules do not spell out any consequence for their non-compliance, therefore, it needs to be determined whether these Rules are mandatory or directory and whether non-compliance of these Rules invalidates Report of Government Analyst or not. Intention of Legislature-- ----To distinguish where directions of legislature are imperative and where they are directory, real question is whether a thing has been ordered by legislature to be done and what is consequence, if it is not done--Some rules are vital and go to root of matter, they cannot be broken; others are only directory and a breach of them can be overlooked provided there is substantial compliance--Held: Duty of Court is to try to unravel real intention of legislature. Rules, Mandatory or Directory-- ----Whether a statute or rule be termed mandatory or directory would depend upon larger public interest, nicely balanced with precious right of common man--According to Maxwell, "Where prescription of…

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