36. Reports of Government Analysts.--The
Government Analyst to whom a sample of any narcotic drugs, psychotropic
substance or controlled substance has been submitted for test and analysis
shall deliver to the person submitting it, a signed report in quadruplicate in
the prescribed form and forward one copy thereof to such authority as may be
prescribed.
(2) Notwithstanding anything contained in any
other law for the time being inforce, any document
purporting to be a report signed by a Government Analyst shall be admissible as
evidence of the facts stated therein without formal proof and such evidence
shall, unless rebutted, be conclusive.
COMMENTARY
If whole quantity is
sent to Chemical Laboratory for test nothing would be left with prosecution to
produce at trial as case property because while carrying test case property
would stand consumed. It is added that whenever narcotic are recovered, from
total quantity a sample is separated by Investigating Officer who seals samples
into a parcel and also seals case property in presence of marginal witnesses.
Both sample and remaining case property are then marked with FIR number, date
and Police Station with stamps of seizure officer. This carrying of FIR number
etc. on two different parcels, one is retained as case property and other sent
as sample for test, would remain wedded and there remains a nexus between two
because of FIR number so given. PLJ 2003 Cr.C.
(
Sending
of negligible quantity of narcotics etc. for chemical analysis. Effect.
Section 36 of CNS Act, 1997 which requires that sample of narcotic drugs shall
be tested by Government Analyist. Where Statute has
itself used word "sample" it is but obvious that sample is always
part of total and it does not require that whole quantity should be tested. At
times arguments are advanced that report of Chemical Examiner is not available
on date when bail application is argued. If such argument is allowed to prevail
then in all narcotic cases from date of seizure of articles until report is
obtained in interim period every person accused of narcotic in every case can
claim bail which would not be in consonance with provisions of Act, 1997. Even
non-availability of Chemical Examiner's report in view of Section 29 of Act,
1997 which provides a presumption to be raised against accused regarding
allegation levelled against him to be true. PLJ 2003 Cr.C. (
Out of entire lot seized
sample of negligible quantity despatched to chemical
examiner who gave positive report. Sample is always part of the total and whole
quantity is not required to be sent to Chemical Examiner for purpose of test
keeping in view S. 36 of Narcotic Substances Act, 1997. PLJ
2004 Cr.C. (
Entire
recovered narcotics was not sent to chemical examiner. Effect.
Taking of small quantity out of each packet for chemical examination would be
enough to prove that entire recovered material was contraband. PLJ 2005 Cr.C. (
CHAPTER IV
FREEZING AND FORFEITURE
OF ASSETS