- —Rule 4—Control of Narcotic Substances Act,1997–Section 9(c)—-transmission of seized contraband to Chemical Examination—delay of 8 days—sealed parcel should be deposited within 72 hours after seizure with the Chemical Examiner—record is quite barren to justify delay—although, no Forensic Laboratory is established in AJ&K, but delay in dispatching the parcel within prescribed time is not justified— this leads to the possibility of tampering with the contents of sample parcel. Farrah Ayyub Versus State & another 2021 SCR 516 (C) 2021 PCr.LJ 1294 rel.
- — Rule 4—Control of Narcotic substances Act, 1997—section 9(c)—charas—possession and transportation of—appraisal of evidence—transmission of sample—delay —sealed sample parcel should be deposited within 72 hours after seizure of the contraband, with the Chemical Examiner—record quite barren to justify delay– although no Forensic Lab. is established in AJ&K but delay in dispatching the parcel is not justified—the delay on the part of the prosecution can be taken as a mitigating circumstance. Khursheed Hussain Shah v. State & another 2022 SCR 334 (A) 2021 SCMR 198 ref
- — rule 4 (2) — dispatch of sample for test or analysts — contraband sent to FSL after a delay of 23 days — u/r 4 (2), the samples are required to be dispatched for analysis not later than 72 hours — record is barren to justify delay, the same can be taken as a mitigating circumstance but on the basis of same the trial cannot be vitiated. Saeed Pardesi versus The State 2023 SCR 1114 (D) 2022 SCR 334 rel.
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