Law:

Section:

Control of Narcotic Substances Act (XXV of 1997) --------- ----------Ss. 9(c) & 21 --------- Prohibition (Enforcement of Hudood) Order (4 of 1979), Arts.3 & 4 --------- Police Rules, 1934, R.25.2(3) --------- Police Order (22 of 2002), Art.18 --------- Criminal Procedure Code (V of 1898), S.417(2-A) --------- Possessing and trafficking narcotics --------- Appeal against acquittal --------- Reappraisal of evidence --------- Recovery of alleged charas of 2 Kg and 35 grams, was effected from possession of accused by Police Officer, who was Seizing Officer, complainant, as well Investigating Officer in the case, meaning thereby that he was three in one --------- Under the law, complainant and accused were two opponents and contesting parties --------- Role of an Investigating Officer was of a neutral authority, whose object was to unearth the truth --------- Investigating Officer, could not be part or a member of a party in a case, which he was investigating --------- Concept of honest investigation was based on non-partisanship and neutrality --------- Reason and spirit of separating investigating wing from the operation wing of Police, also emanated from the said fact, which reflected in Art.18 of the Police Order, 2002 --------- Element of honest, transparent and fair investigation, lacked in the present case --------- Despite receiving spy information, ASI Police, did not inform his highups; so that the proceedings could be conducted in accordance with law --------- According to S.21 of Control of Narcotic Substances Act, 1997, the officer below the rank of Sub-Inspector of Police, had no power of entry, search, seizure and arrest without warrant --------- Such officer was required at least to inform an official having rank of Sub-Inspector of his Police Station --------- In the present case, ASI straightaway went to the spot, without conducting any test purchase regarding allegation of selling narcotics by accused --------- Such action of the ASI created doubt in the prosecution case --------- Type of charas had also not been mentioned in the FIR, as to whether the recovered contraband was charas Garda or charas Pukhta, which had made the recovery…

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