Applicability of Section 497 CrPC for post-arrest bail in CNSA cases

Question

Dear colleagues, I am defending an accused charged under Section 9(c) of the Control of Narcotic Substances Act (CNSA). The quantity recovered is borderline. What are the latest arguments for post-arrest bail when there is a delay in sending samples to the forensic laboratory? Any help would be appreciated.

kashif_criminal_law@yahoo.com · Answer

You can argue that the mandatory protocols of the CNSA rules were violated. If there is a delay of more than 72 hours in sending samples to the chemical examiner without a valid reason, it creates reasonable doubt, making the case one of further inquiry under Section 497(2) CrPC. See 2022 SCMR 1342.

Bilal Chohan · Answer

Also check if the safe custody of the sample has been documented in the police diary. Chain of custody is key in CNSA cases.

Applicability of Section 497 CrPC for post-arrest bail in CNSA cases

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Applicability of Section 497 CrPC for post-arrest bail in CNSA cases

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