Law:

Section:

Control of Narcotic Substances (XXV of 1997)----- -----S. 9(c)-----Possession, import or export, trafficking or financing trafficking of narcotic drugs-----Appreciation of evidence-----Prosecution failed to prove recovery of narcotic substances and safe custody of the same-----False implication, plea of-----Twenty kilograms of Charas along with cash were alleged to have been recovered from accused, while they were transporting the same-----Trial Court, having convicted accused under S. 9(c) of Control of Narcotic Substances Act, 1997, sentenced them to undergo life imprisonment, along with payment of fine-----Prosecution had neither established safe custody of recovered substance, nor had it produced all recovery witnesses-----Statements of police witnesses as to handing over of accused and case property were contradictory-----Prosecution was under duty to establish by cogent evidence that the Charas, seized from possession of accused, had been kept in safe custody-----Place, where samples of the recovered substance had been kept during time from its seizure till its deposit in Malkhana on the same day, was not clear-----Recovered narcotic substance was shown to have been handed over to police constable for its transmission to Chemical Examiner Office after many days of the recovery; whereas, the samples were deposited in Chemical Examiner Office on the next day-----Mere oral evidence as to recovery of Charas could not discharge the heavy burden, which lay on prosecution-----Prosecution, in view of said inconsistencies and contradictions, was not able to prove safe custody of the recovered substance through material and cogent evidence-----Police witness deposed that he had separated ten grams from each packet for chemical analysis, but during cross-examination, he had admitted that they had weights in their investigation box from twenty grams to two kilograms-----Said contradictions in deposition of police officials could be stated to be minor and irrelevant in absence of positive and material evidence-----Prosecution had failed to prove the charges against the accused-----High Court, setting aside conviction, acquitted all accused-----Appeals against…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492