Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 34 & 35---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr.4 & 5---Possessing and trafficking narcotics---Appreciation of evidence---Contention of counsel for accused was that as the contraband was sent to Forensic Science Laboratory beyond stipulated period of 72 hours, it had made the report of Forensic Science Laboratory illegal and rendered the seizure invalid in the eye of law as provided in Rule 4 or 5 of Control of Narcotic Substances (Government Analysts) Rules, 2001---Validity---Said Rules never placed any bar on the Investigating Officer to send the sample beyond seventy two hours of the seizure or receive the Forensic Science Laboratory's report after fifteen days---Delay otherwise in sending the incriminating articles to concerned quarter for expert opinion, could not be treated as fatal to the prosecution case, nor it would vanish the evidentiary values of such a report---Forensic Science Laboratory's Report had been signed by Chemical Examiner as well as by Chemical Expert, who were authorized officers in that respect under Ss.34 & 35 of Control of Narcotic Substances Act, 1997---Objection of accused that report was signed by Assistant Chemical Examiner, was repelled as any report submitted by duly Notified Assistant Chemical Examiner was a report of Government Analyst within the meaning of Ss.34 & 35 of Control of Narcotic Substances Act, 1997 and was admissible in evidence---Objection on admissibility of Forensic Science Laboratory's Report, as far as non-presence or non-availability of embossing marks was concerned, recovery of contraband could not be negated on mere non-presence of embossing marks on the Forensic Science Laboratory's Report, as nowhere was provided in Control of Narcotic Substances Act, 1997 that such like report would have any embossing marks---No such rule had been framed so far---Recovery of huge quantity of narcotic from accused had been proved by the raiding party, who had no personal reasons to involve accused in the false case---Admission of accused that he dealt with business of narcotic, but he repented his ways, also…

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