Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25,29,35,36

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 4,5

Law: Criminal Procedure Code (V of 1898)

Section: 103,516A

(a) Control of Narcotic Substances Act (XXV of 1997)--- ---Ss. 9(c), 25, 29, 35 & 36---Criminal Procedure Code (V of 1898), Ss.103 & 516-A---Appreciation of evidence---Prosecution, in order to prove apprehension of accused and recovery of Charas and opium from the secret cavities of the car, had produced two witnesses, who had supported recovery thereof---Incriminating statement of said witnesses on oath, were enough to connect accused with transportation of a huge quantity of contraband material---Defence could not prove as to why police would involve accused falsely, especially when none of the raiding party had any enmity against accused---Was beyond comprehension that a huge quantity of Charas and opium was concealed in the car without knowledge/concurrence of accused---Prosecution witnesses were consistent regarding the time, place of occurrence and recovery of articles and the manner in which it had been effected---Discrepancies pointed by defence, were inconsequential and of no importance---Confessional statements made by accused, which were recorded after observing all formalities, were voluntary and true and did not suffer from any defect of form or substance---Mere fact that vehicle from . which contraband was recovered had not been produced before Court, was not fatal to prosecution story---Recovered narcotics could not have been produced before the Trial Court as same were destroyed during trial under valid orders of Sessions Judge and accused had not raised any objection against said destruction---Objection that only a small quantity of substance allegedly recovered from accused had been sent for chemical analysis, was repelled in view of the fact that provisions of Ss.35 & 36 of Control of Narcotic Substances Act, 1997 did not specify any particular quantity of recovered substance to be sent as a sample for general analysis---Receiving samples by Forensic Science Laboratory after 4/5 days of seizure of narcotics, was not fatal to prosecution case---Compliance of S.103, Cr.P.C. relating to recovery proceedings was not mandatory as S.25 of Control of Narcotic Substances Act, 1997 had excluded application of S.103, Cr.P.C.---Prosecution…

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