Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possessing and trafficking narcotics---Appreciation of evidence---Prosecution had successfully established, the recovery of contraband charas and opium from the possession of accused, whose presence at the place of incident was not denied---All the three witnesses specifically stated that Anti-Narcotics Force Commander received source information about the presence of narcotic substance with accused for transportation of the same out of the country---Evidence of the prosecution was not controverted or rebutted successfully---Evidence produced by accused in their defence also described their involvement in the commission of the alleged offence---Accused neither denied their presence at the site nor justified their presence, whereas record had reflected that none of them was permanently residing there---No illegality, impropriety, misreading and non-reading of the evidence was found in the impugned passed by the Trial Court---Prosecution evidence was not only corroboratory but also reliable and confidence inspiring---Nothing was in the evidence which could show any ulterior motive or design to involve or implicate accused in the alleged offence---Conviction and sentence awarded to accused under S.9(c) of Control of Narcotic Substances Act, 1997 by the Trial Court, was maintained and appeal to that extent was dismissed, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 29--- Possessing and trafficking narcotics---Presumption---Prima facie, sole duty lay on the shoulders of prosecution to show the recovery of the contraband articles from accused; and in case of proving the factum of recovery, responsibility would shift on the shoulders of accused persons, in view of S.29 of Control of Narcotic Substances Act, 1997 to prove the fact that they had no concern or connection in recovery of contraband material or no contraband material was recovered from their possession. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 37 & 39---Possessing and trafficking narcotics---Freezing and forfeiture of assets---Amount lying in the accounts of…

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