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

Section: 36,35

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 36---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Report of result of test or analysis by Government Analyst---Scope---Section 36(1) of the Control of Narcotic Substances Act, 1997 read with R. 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, mandates that report must be in the prescribed Form and a complete mechanism is to be adopted by Chemical Examiner upon receipt of samples and a report is to be submitted by him referring to the necessary protocols, and mentioning the tests applied, in quadruplicate in "the prescribed form" and if the report prepared by him is not prepared in the same manner then it may not qualify to be called a report in the context of S. 36 of the Control of Narcotic Substances Act, 1997, so as to be treated as a conclusive proof of recovery of narcotic substances from an accused person. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 35 & 36---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr. 3 & 6---Qualification of Government Analyst---Report of result of test or analysis by Government Analyst---Scope---Transmission in safe custody of the narcotics to Testing Laboratory and compliance of the Act/Rules are mandatory in nature in respect of selection of Government Analysts and their results/analysis as per S. 36(1), Control of Narcotic Substances Act, 1997 and R. 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001 qua the results/analysis in the manner i.e. (i) all the tests and analysis of the alleged drug (ii) the result of each test(s) carried out along with the consolidated result and ( iii) the name of all the protocols applied, to carry out those tests---Provisions of the Act are to be complied with in letter and spirit, without fail and in case of failure, disciplinary action purportedly is to be taken in accordance with law---Government Analyst while giving the details of tests/analysis, the results for each test and the test protocols applied in the report, must remember that under S. 36 of the Act, the report of the Government Analyst, whilst being…

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