Law: Control of Narcotics Substances Act, 1997

Section: 9(c),36,36(2)

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

Section: 6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss.9(c), 36---Recovery of narcotic substance---Appreciation of evidence---Benefit of doubt---Report of Government Analyst---Scope---Chain of custody of narcotic substance recovered---Charas Garda 14000 grams was allegedly recovered from accused who was convicted by Trial Court and sentenced to imprisonment for life---Validity---Chain of custody was pivotal as entire construction of Control of Narcotic Substances Act, 1997 and Control of Narcotic Substances (Government Analysts), Rules, 2001 rested on report of Government Analyst---Report in turn rested on process of sampling, and its safe and secure custody and transmission to laboratory---Prosecution was to 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, cast doubts on safe custody and safe transmission of sample(s) and had impaired and vitiated conclusiveness and reliability of report of Government Analyst---Prosecution failed to prove its case against accused persons beyond reasonable doubt---High Court set aside conviction and sentenced awarded to accused persons by giving them benefit of doubt and acquitted them of the charge---Appeal was allowed, in circumstances. 2012 SCMR 577; 2015 SCMR 1002; 2019 SCMR 1217; 2019 SCMR 1300; 2019 SCMR 2004 and 2020 SCMR 687 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S.36(2)---Control of Narcotic Substances (Government Analysts), Rules, 2001, R.6---Government Analyst Report---Protocols of test applied---Non-observance---Effect---Every test has its protocols, which are internationally recognized---Test without observance of its protocols has no sanctity---Full Protocols include description of each and every step employed by Government Analyst through the course of conducting a test---Report under R.6 of Control of Narcotic Substances (Government Analysts), Rules, 2001, must specify every test applied for determination of seized substances with full protocols adopted to conduct such tests---Non-compliance of R.6 of Control of Narcotic Substances (Government Analysts), Rules,…

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