Government Analyst

When the person who furnishes opinion and analyzing the samples is not qualified to be termed as Government Analyst under S. 35 of the Control of Narcotic Substances Act, 1997 and Rules framed thereunder then such report, even if it be in positive, is of no avail to the prosecution as it cannot be relied upon.

Concept of testing under the Control of Narcotic Substances Act, 1997 ('the Act'), the establishment of the testing laboratories, tests and analysis and the report of the Government Analyst were premised on the assumption that the Government Analyst possessed the prescribed qualifications provided under S. 35 of the Act read with R. 3 of the Control of Narcotic Substances (Government Analysts) Rules, 2001 ('the Rules') which provided that the Government Analyst shall be a person who has a degree in Pharmacy or Pharmaceutical Chemistry or Medicine from a recognized University or of any other institution recognized by the Federal Government for such purpose and had not less than three years postgraduate experience in the test and analysis of drugs

Analysts who meet the said qualifications provided under the Act and the Rules must prepare these reports.

Narcotics substance was brought under processing from Forensic Science Laboratory report on 4-3-2009, while concerned officer was declared as Government Analyst on 5-8-2009 but with retrospective effect

Concerned declared Government Analyst lacked the required qualification as envisaged under S. 35 of Control of Narcotic Substances Act, 1997, read with Rule 3 of Control of Narcotic Substances (Government Analysts) Rules, 2001

Most crucial issue of forensic verification of narcotics was not carried out in accordance with prescribed manner as provided there, under the provisions of Control of Narcotic Substances Act, 1997

High Court set aside conviction and sentence recorded by Trial Court and remanded the case to Trial Court for decision afresh

Appeal was allowed accordingly.

Chemical Examiner or Assistant Chemical Examiner both when notified under Ss.34 & 35 of Control of Narcotic Substances Act, 1997, are considered to be Government Analyst as defined under S.36 of Control of Narcotic Substances Act, 1997.