Law: Control of Narcotics Substances Act, 1997

Section: 9(c),36,9

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

Section: 4

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4---Transportation of narcotics---Dispatch of sample for test or analysis---Appreciation of evidence---Benefit of doubt---Safe custody---Contradictory statements---Scope---Accused was alleged to have been intercepted while transporting 28 kilograms of charas---Prosecutions evidence was silent as to the fact that who had taken the representative sample to the analyst---Investigating Officer had not produced the register of the Malkhana and no evidence was produced to prove safe transmission of the contraband from the police to the Chemical Examiner---Prosecution case was full of contradictions---Samples taken from each packet was in negligible quantity (01 gram)---Sealing of 28 samples in one parcel was not safe for conviction of the accused---Samples were not separated on the spot of recovery---Recovery from the impounded car was also doubtful---Prosecution had failed to bring home the charge against the accused beyond reasonable shadow of doubt---Trial Court had failed to properly appreciate the evidence and the law---Appeal was allowed and the accused was acquitted of the charge, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 36--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Reports of Government Analysts---Dispatch of sample for test or analysis--- Expression reasonable quantity---Scope---Section 36 of Control of Narcotic Substances Act, 1997, does not specify any particular quantity of recovered substance to be sent as a sample, however, the Rule 4(1) of Control of Narcotic Substances (Government Analysts) Rules, 2001, directs that reasonable quantity of sample from the recovered contraband/ substances seized shall be drawn on the spot of recovery and dispatched to the officer in charge of nearest Narcotic Testing Laboratory---Only one gram (negligible quantity) cannot be termed a reasonable quantity for the purpose of chemical analysis. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Possession of narcotics---Safe custody---Scope---If safe…

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