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HC: Chemical analyser report needed to prove culpability of accused booked under NDPS Act

Observing that the report of chemical analyser (CA) or lab report “lays the muse of accused’s culpability, with out which even Justice of the Peace can’t kind opinion and take cognizance of involvement in fee of offences beneath the Narcotic Medication and Psychotropic Substances Act,” the Bombay Excessive Courtroom not too long ago granted bail to an worker of a pharmaceutical firm.

Sagar Joshi (27), a resident of Ulhasnagar in Navi Mumbai, was arrested for possessing 65 gm of amphetamine, a narcotic drug, which he had stolen from the Ambernath-based firm with the assistance of his colleagues.

A single-judge bench of Justice Sandeep Ok Shinde on January 15 made the observations whereas listening to the bail plea of Joshi, who was arrested by the Koparkhairane police on October 12, 2019, together with a colleague. Whereas Joshi had claimed that the substance seized from them was “Ramlatan powder”, the prosecution had mentioned that it was a narcotic drug.

Advocate Sanjeev Kadam, representing Joshi, mentioned that panchnama didn’t present that the raiding police group was outfitted with discipline check kits, and subsequently, argued that neither any check was performed nor the report of the alleged discipline check was filed together with the chargesheet.

Justice Shinde noticed, “Thus, for my part, naked reference of discipline check being performed on the equipment within the panchanama will not be ample materials to detain the applicant in jail in absence of a report from the chemical analyser.” “There is no such thing as a such different materials to prima facie settle for that the suspect substance recovered from the applicant was amphetamine,” the courtroom mentioned.

The bench added, “It might not be missed that the chemical analyser’s report is a vital, integral and inherent a part of the investigation beneath the NDPS Act and would lay basis of accused’s culpability…”

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