Law: Criminal Procedure Code (V of 1898)

Section: 497,510

Law: Criminal Procedure Code (V of 1898)

Section: 510

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),2(g)(h)(t)(u)(za),3,4(2),34,35,47,5 1

(i) Criminal Procedure Code, 1898 (V of 1898)----S. 497--Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c), 2(g)(h)(t)(u)(za), 3 & 51--Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4(2)--Bail declined--Recovery of Psychotropic substance--Delay of nine days in sending samples to Chemical Examiner--Non-observance of directory provisions of Control of Narcotic Substances (Government Analysts) Rules, 2001--Effect--Allegation against accused as mentioned in F.I.R. was that on pointing out by co--accused, Psychotropic Drug (Buprenorphine) was recovered from his custody--Accused contended that there was a delay of nine days in sending samples to Chemical Examiner whereas according to rule 4(2) of Control of Narcotic Substances (Government Analysts) Rules, 2001, samples were to be dispatched to Chemical Examiner within 72 hours of recovery of contraband, hence belated dispatch of samples had vitiated entire proceedings against him; that contraband allegedly recovered from accused was in liquid form and Chemical Examiner was required u/S. 3 of Narcotic Substances Act, 1997 to determine actual percentage of recovered drug which was not done by Chemical Examiner; that drug was allegedly recovered in powder form but report of Chemical Examiner showed that drug was in liquid form and that contraband was openly available in market and was easily accessible to everyone--Trial Court dismissed bail petition of accused. 2002 SD 286 and 2006 MLD 361 rel. (ii) Control of Narcotic Substances Act, 1997 (XXV of 1997)---Ss. 34, 35 & 47--Criminal Procedure Code (V of 1898), S. 510, Proviso--Chemical Examiner's report--Scope--Report not strictly in accordance with provisions of Ss. 34 & 35 of Control of Narcotic Substances Act, 1997--Applicability of S. 510, Cr.P.C.--Section 47 of Control of Narcotic Substances Act, 1997 provided that provisions of Criminal Procedure Code, 1898 were applicable to trial before Special Court under Control of Narcotic Substances Act, 1997--Section 510, Cr.P.C. initially made report of Chemical Examiner admissible in evidence but through Law Reforms Ordinance, 1972, Section 510, Cr.P.C. was amended by adding a…

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