Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)---.--- ---.---Ss. 9(c), 9(b) & 29---.---Criminal Procedure Code (V of 1898), Ss. 103 & 342---.---Possession, import or export, trafficking or financing of narcotic substance---.--- Appreciation of evidence---.---Sentence, reduction in---.---Accused had been arrested and five kilogram of Charas was recovered from him in presence of Mashirs---.---Prosecution witness had supported the prosecution case---.---Report of Chemical Examiner had confirmed that the recovered substance was Charas---.---Accused could not bring any material contradictions between the prosecution witnesses or their ill-will or enmity---.---Delay in sending the incriminating article to the Chemical Examiner could not be treated as fatal and minor lapses in investigation did not affect the validity of the trial, particularly when the defence had not cross-examined the prosecution witnesses in respect of the same---.---Accused had not taken the objection as to non-production of original departure and arrival entries and overwriting over the arrival entry at the time when the attested copies of the entries had been exhibited---.---Overwriting as to arrival time in the entry was not very much material, as the same would be on account of inadvertence and the same was in consonance with the time mentioned in the FIR, and as such the same did not create doubt in the prosecution case---.---Under S. 29 of Control of Narcotic Substances Act, 1997, there was presumption of possession of narcotic substance against the accused, unless the same was rebutted by way of major contradictions, material irregularity or illegality, mala fide and proof of enmity---.---Present case, therefore, stood proved against the accused to the hilt leaving no room to doubt the veracity of the statements of the prosecution witnesses, who had not been questioned about their ill-will or animus with the accused for his false involvement in the matter---.---Accused had only denied the prosecution allegation in his statement under S. 342, Cr.P.C. and had not been able to disprove anything in respect of his defence or mala fide on part of the prosecution---.---Simple denial…

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