Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Allegation against the accused (appellant) was that he was searched at a Levies check post and 13 packets of charas (narcotic), weighing 13 kilograms, were found hidden in the secret cavities of his vehicle---Trial Court convicted the accused under section 9(c) of the Control of Narcotic Substances Act, 1997---Contentions of the accused were that it could not safely be said that 100 grams sent for analysis were secured from each slab of narcotic; that samples were sent for analysis after a delay of two and a half months; that the allegedly recovered narcotic was not weighed on the spot; that the recovery memos were not prepared on the site, and that the accused had purchased a ticket to travel in the apprehended vehicle, which belonged to a company-Validity-Accused had failed to produce any ticket or person of the alleged company which owned the vehicle---Prosecution had established the fact. that the accused was driving the vehicle alone, which fact was corroborated by the statement of the prosecution witnesses--Accused had failed to point out any ill-will or animosity towards him---All prosecution witnesses consistently stated that 13 packets, consisting of rods and slabs, were recovered from the possession of the accused and from each packet a total of 100 grams was collected for analysis---Samples were separated through memo in the presence of Levies officials, who handed it over to the Chemical Expert---Mere sending of samples for analysis with a delay was no basis to let the culprit go scot-free-Although preparation of recovery memos and other proceedings on the site excluded the possibility of false implication, but, in the present case, the incident took place at a far-flung check-post, in such circumstances, shifting of the vehicle along with the narcotic to a Levies station for preparation of memo did not five the impression that the accused had been implicated in a false, frivolous case, particularly when the possession of narcotic and seizure of the vehicle had been established by the prosecution---Appeal was dismissed and of…

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