1420گرام چرس سمپل پارسل بھجوانےمیں تاختر درخواست ضمانت منظور
2024 SCMR 913
SUPREME-COURT
SAGHEER AHMED VS State
S. 497---Control of
Narcotic Substances Act (XXV of 1997), S. 9(1), Sr. No. 3(c)---Control of
Narcotic Substances (Government Analysts) Rules, 2001, R. 4(2)---Constitution
of Pakistan, Art. 185(3)---Possession and transportation of 1420 grams
charas---Bail, grant of---Further inquiry---Delay in sending samples to the
Forensic Science Laboratory---Safe custody of samples with the police not
established---Accused was arrested on the same day of the registration of the
FIR---As per the report of the Punjab Forensic Science Agency, the sample of
the charas was received by Forensic Science Laboratory after a delay of more
than a month---Provisions relating to the sending of samples to the forensic
Science Laboratory were provided in Rule 4(2) of Control of Narcotic Substances
(Government Analysts) Rules, 2001, which provides that the samples may be
dispatched for analysis under cover of Test Memorandum specified in Form-I at
the earliest, but not later than seventy-two hours of the seizure---There was
nothing on record to show to whom the alleged recovered narcotics were handed
over at the police station for safe custody during that period---Fact of the
safe custody of the recovered narcotic substance is to be established or proved
by the prosecution during the trial; however, the unreasonable delay of more
than one month in the present case could be considered at the time of deciding
the bail, which made the case of the petitioner (accused) one of further
inquiry---Accused was behind the bars since his arrest and the trial had not
concluded so far, even after a considerable period had elapsed---Moreover, the
maximum sentence for the alleged offence was fourteen years, and as such, it
did not attract the bar of Section 51 of Control of Narcotic Substances Act,
1997---Petition was converted into an appeal and the same was allowed, and the
petitioner was allowed bail after arrest.
.jfif)
