High Court Grants Bail in Case of Alleged Charas Possession Due to Delay in Forensic Testing (SCMR 880 & 913/2024, Crl.P.L.A. 1241-L/2023)
This case combines three judgments: SCMR 880/2024, SCMR 913/2024, and Crl.P.L.A. 1241-L/2023, all related to the bail petition of Sagheer Ahmed, accused of possessing and transporting 1420 grams of charas (cannabis resin).
Grounds for Bail Application
Sagheer Ahmed sought bail based on the following factors:- Delay in Forensic Testing: The prosecution significantly delayed sending samples to the Forensic Science Laboratory (FSL). The Punjab Forensic Science Agency (PFSA) report revealed a delay exceeding one month after the charas seizure.
- Unestablished Sale Custody: The prosecution failed to establish who had safe custody of the seized charas during the delay period at the police station.
- Lengthy Incarceration: Sagheer Ahmed had been detained since his arrest, and the trial remained inconclusive despite a considerable timeframe.
- Maximum Sentence: The maximum penalty for the alleged offense was fourteen years, not falling under the restrictive bail provision of Section 51 of the Control of Narcotic Substances Act, 1997.
Court's Reasoning
The court acknowledged that while the prosecution establishes safe custody of recovered narcotics during the trial, the unreasonable delay in sending samples for testing (violating Rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001) warranted consideration for bail. The court converted the petition into an appeal and granted Sagheer Ahmed bail due to:
- Unreasonable Delay: The excessive delay in sending samples for analysis raised doubts about the prosecution's case.
Significance of the Judgement
This judgement highlights the importance of following proper procedures in handling seized narcotics. Unreasonable delays in forensic testing can weaken the prosecution's case and strengthen the defense's arguments for bail, especially when the maximum sentence is not subject to stricter bail provisions.
Disclaimer: This is a summarized explanation based on the provided information. It is not a substitute for professional legal advice.