2021 S C M R 492
(a) Control of Narcotic Substances Act (XXV of 1997)---
----S. 9(c)---Possession and transportation of 80 kilograms of charas---Reappraisal of evidence---Safe custody and transmission of samples of the narcotic from the police to the chemical examiner not established---Duplicate forensic report presented---Held, that the prosecution failed to establish the essential link of safe transmission of samples to the office of Chemical Examiner as despite opportunity the relevant official, who had delivered the samples, failed to enter the witness box---Furthermore the prosecution relied on a duplicate forensic report, which was inadmissible in evidence, to confirm narcotic character of the contraband---Supreme Court observed that such appalling inaptitude of the functionaries tasked to prosecute the crime, left no juridical possibility to maintain accused's conviction---Petition for leave to appeal was converted into appeal and allowed and the accused was acquitted of the charge.
(b) Control of Narcotic Substances (Government Analysts) Rules, 2001---
----R. 6---Possession of narcotics---Duplicate forensic report/Report of Government analyst---Such duplicate forensic report was inadmissible in evidence.
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