SAGHEER AHMED vs State S — 2024 SCMR 913 SUPREME-COURT

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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.

SAGHEER AHMED vs State S — 2024 SCMR 913 SUPREME-COURT

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