Time frame of chemical analysis report of drug substance
Anuj
(Querist) 29 April 2013
This query is : Resolved
Dear Experts,
My Father has been detained under Sec 21 & Sec 23 of NDPS act and he is under Judicial custody Remand since past 3 months. Till date no Chemical Analysis report of the substance seized has been submitted to the court by the Prosecution and by Forensic department. My lawyer says that we cannot do anything unless the CA report comes. Please tell me that what is the fastest way to get the CA report from the Forensic Laboratory so as to expedient the case.
Devajyoti Barman
(Expert) 30 April 2013
Ask the court to send directives to FSL to send report fast.
Raj Kumar Makkad
(Expert) 30 April 2013
Your father can get bail on this ground if challan is not put up within 90 days of arrest.
ajay sethi
(Expert) 30 April 2013
chemical analysis report is the basis of the case it would indicate quantity of substance in possession of your father at time of arrest . apply to court to direct FSL to submit report at the earliest within stipulated period
Anuj
(Querist) 01 May 2013
Thank you so much Dear Experts,
Arest of my father has been done by showing commercial quantity of 50 Kg of contrabaned purported to be a Methaqualone. The PP says since this is commercial qauntity the period for filing CA Report and complaint is 180 days as per sec 167(2) of Cr.PC Act 1973.
My father has never indulge in any such kind of unethical doings. He is now 59 year old age man and a diabitic and Blood pressure patient.
The contrabaned was seized from some courier company by the Customs AIU officials and that companys directors deliberatly mentioned my father name in the case and they get relive themselves from the case. Now my father is only the person they are treating as accused in the said case.
If required I can also attach copy of Remand application for your reference.
Please Help my father.
Raj Kumar Makkad
(Expert) 02 May 2013
Your lawyer can only help your father by defending the case vigorously and effectively. Such big cases are not big rather are based on technicalities so it is better to prepare your lawyer to take benefit of each lacuena of the case of the prosecution.
