Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession, import or export, trafficking or financing of narcotic drugs---Appreciation of evidence---Chemical Examiner's Report---Requirement and evidentiary value---Prosecution had failed to establish the safe custody of the recovered substance and the parcels of samples---Contradictions existed as to deposit of the samples and case property in the Malkhana--- Prosecution witnesses had made contradictory statements as to the nature, colour, shape and size of slabs of the recovered Charas Garda---Some of the prosecution witnesses had even stated the recovered substance to be heroin; whereas, the question put to the accused in his examination under S. 342, Cr.P.C. related specifically to Garda Charas and the Chemical Examiner's Report had also revealed the parcels of samples separated from the recovered substance to be Charas Garda---Contradictions in statements of the prosecution witnesses as to nature of the recovered substance, in absence of positive and material evidence, could not be regarded as minor and irrelevant---Report of the Chemical Examiner must disclose the procedure on which his opinion is based and the reason in support of the opinion---Report of the Chemical Examiner is no evidence unless the same is supported by reasons---Chemical Examiner's report, except the opinion that the samples contained Charas, had no other data as prescribed by the law, which being a patent infirmity was fatal to the prosecution case---No evidence existed to connect the Chemical Examiner's Report with the recovered substance---Prosecution was bound to prove/link evidence with the arrest of the accused; seal of the case property and the samples from the time of its recovery and deposit in the Malkhana and later with the office of Chemical Examiner by examining all the witnesses who remained associated with the entire process---Trial court had committed grave illegality in convicting the accused without any legal evidence available on the record--- High Court, setting aside the conviction/sentence, acquitted the accused---Appeal against conviction was allowed accordingly. THIS JUDGMENT DELIVERED BY: MISS…

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