Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Allegation against accused was that 87kgs heroin was recovered from the vehicle of accused---Two hundred grams of heroin was separated for chemical analysis and was sent to Forensic Science Laboratory---Recovered substance, after chemical analysis was found heroin---Prosecution failed to prove that accused was the owner or in possession of the vehicle at the time, when recovery was effected from the said vehicle---Nothing had brought on record that the Investigating Officer had approached the concerned Excise Department, from where the verification of the vehicle could easily have been made---Circumstances established that no investigation in such behalf was carried out by the Investigating Officer---Prosecution had failed to establish that after the alleged recovery, the substance so recovered was either kept in safe custody or that the samples drawn from the substance were safely transmitted to the office of Forensic Science Laboratory without being tampered with or replaced while in transit---Accused was acquitted in circumstances by setting aside conviction and sentence recorded by Trial Court. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 36---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr. 5 & 6---Possession of narcotic substance---Appreciation of evidence---Chemical Examiner Report---Safe custody of narcotic substance---Proof---Allegation against accused was that 87-kgs heroin was recovered from the vehicle of accused---Two hundred grams of heroin was separated for chemical analysis and was sent to Forensic Science Laboratory---Relevant law on the subject provided two prescribed form, manner and procedure for certification of test or analysis of narcotic substances---Neither any protocol was mentioned in the report nor any test was referred to on the basis whereof the Chemical Expert had concluded that the samples sent for examination contained heroin---Said report did not contain the signatures of two authorized officers as well as the name of police officer, who had taken the…

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