Law:

Section:

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 21 & 22--Competency of inspector--Directory and mandatory Section 21--Contention of--Under Sections 21 and 22 of Control of Narcotics Substances Act, 1997, ASI is not competent to register case--Accused was apprehended by S.I. and on his report instant case FIR was registered by ASI--Held: If any such violation is caused, it would be an irregularity which could be cured under Section 537, Cr.P.C. and it would not cause any prejudice to case of accused. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Allegation of--Recovery of Naroctics--Marginal witnesses of recovery memo are unanimous about recovery of same and other witnesses also support prosecution version, despite lengthy cross-examination nothing favourable to appellant has been brought on record--Objection of counsel for appellant to effect that both official witnesses are police personal and no independent private witness has been cited in recovery memo is misconceived, because in such like cases, general public (Private persons) would not indulge themselves due to fear of enmity and to avoid agonies of protracted trial proceedings--Prosecution has proved recovery from personal possession of appellant--Sample separated for chemical analysis carries positive report of FSL, which fully establishes that recovered contraband were charas--Counsel for appellant failed to point out any illegality or irregularity in impugned finding of trial Court--Prosecution has succeeded to bring home guilt appellant appeal was dismissed. Police officials witness-- ----Police officials are as good witnesses as other witnesses, unless any ill will, grudge or enmity with accused is shown on their part--Counsel for appellant could not point out any ill will, grudge or enmity with police officials, which may suggest his false implication. Very Young Age of accused-- ----Age of appellant was about 19 years at time of commission of offence--Very young age of accused/appellant his sentence of 12 years seems to be harsh, which is hereby reduced to six years RI--Benefit of Section 382-B Cr.PC extended in…

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