PANAJI: The Bombay High Court in Goa has argued that the defendant in the case listed under the Narcotics Act and Psychotropic Substance (NDPS) cannot insist on the default guarantee as long as the police have submitted their report to court in the specified time and even if there is no Chemical Analysis Report (CA) or Forensic Science Laboratory (FSL).
” A (4) from the NDPS law.
Therefore, it is accused of being unable to insist on the default guarantee, “said Judge Mahesh Sonak and MS Jawalkar.
“Likewise, we argue that police reports under Section 173 (2) or Chargesheet / Challan are accompanied by field testing reports as reflected in the pancanama or also cannot be labeled as a police report / Chargesheet / Challan just because of the same thing.
Not accompanied With CA / FSL, “the court was further declared.
The court also argues that the law enforcement law enforcement handbook is issued by the Narcotics Control Bureau (NCB) “does not have legal efficacy, in the sense that the handbook does not have a sense of law or handbook is not a set of executive instructions issued by the book.
The central government …
“However, stating that the handbook in the context of the ‘drug detection kit’ actually stated that this kit helped investigative officers (iOS) in forming reasonable beliefs about a substance that became drug, the court resisted” …
very important That iOS tests, matches the resulting color, and forms a reasonable belief that a substance gives a positive color pattern for the drug.
The handbook itself explains that this process must be recorded in Pancalama.
The handbook also states that the test is only indicative and possible that the designated laboratory can restore negative reports.
But this is j Auh from suggesting that the handbook calculates the same field testing report is truly unreliable “.
Accused of drug cases unable to insist on default guarantees, said the Bombay High Court in Goa
