Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of contraband charas--Benefit of doubt--Chain of custody is most critical process of evidence documentation--It is a must to assure Court of law that evidence is authentic, i.e., it is same evidence seized at crime scene--That it was, at all times, in custody of a person designated to handle it and it was never unaccounted--continuity of possession of evidence or custody of evidence and its movement and location from point of discovery and recovery (at scene of a crime or from a person), to its transport to laboratory for examination and until time it is allowed and admitted in Court, is known as chain of custody--Goal is to establish that evidence is related to alleged crime, was collected from scene, and was in its original/unaltered condition rather than having been tampered with or “planted” deceitfully to make someone seem guilty--Chain of custody maintains integrity of sample--Traceability of record of control, transfer, and analysis of samples indicates transparency to procedure--Chain of custody which includes safe custody and safe transmission of narcotic drug begins with seizure of narcotic drug by law enforcement officer, followed by separation of representative samples of seized narcotic drug, storage of representative samples and narcotic drug with law enforcement agency and subsequent dispatch of representative samples of narcotic drug to office of Chemical Examiner or Government Analyst for examination and testing--This chain of custody must be transparent, uncompromised, recorded, safe, secure and unbroken--chain of custody assumes critical importance under CNSA because, Report of Chemical Examiner can be sole basis of conviction of accused--Therefore, it is important to ensure that integrity of chain of custody was intact and actually seized narcotic drug or its representative samples have reached office of Chemical Examiner or Government Analyst for testing and examination--As a corollary, any break or gap in chain of custody i.e., in safe custody or safe transmission of narcotic drug or its representative samples renders…

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