Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25

Law: Criminal Procedure Code (V of 1898)

Section: 103

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possessing and trafficking narcotics---Appreciation of evidence---Accused, in the present case, was substituted by the Police, which was evident from the conduct of Police which had let off the accused after taking his personal surety, without any lawful authority and jurisdiction, in view of the fact that huge quantity of contraband was recovered from his possession---Letting free the real accused in the case, smacked of mala fide of the Police---Trial Court had failed to properly assess and appreciate the evidence on record---Investigating Officer admitted the fact, that neither the samples were drawn in his presence, nor same were sent to Forensic Science Laboratory, nor parcels were prepared in his presence; and he did not even receive any report from Forensic Science Laboratory---Prosecution had failed to tender any plausible explanation for delay in sending the samples for analysis---Prosecution, despite having prior information in respect of smuggling of narcotics had failed to make proper arrangement for associating an independent witness to strengthen the prosecution case---Section 25 of Control of Narcotic Substances Act, 1997, had excluded application of S.103, Cr.P.C. to cases under Control of Narcotic Substances Act, 1997, but there must be plausible explanation on the part of Investigating Officer showing his inability for not complying with such provisions of law---Accused having taken the plea that he was substituted by the Police; and the real culprit was set at liberty, false implication of accused, could not be ruled out of consideration---Prosecution witnesses, were declared hostile, as they specifically denied the fact that they were the members of raiding party, which recovered the contraband from the possession of accused; and even they did not sign the recovery memos prepared by complainant/Investigating Officer---Prosecution had also failed to collect any material, with regard to ownership of vehicle, in question---Nothing was on record that said vehicle was owned by accused, or that he was driving the same---Prosecution had failed to bring home the charge against accused…

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