Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4(2)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Non-association of private witnesses during arrest and recovery proceedings---Delay in sending samples for examination---Contradictions in evidence of prosecution witnesses---Effect---Accused was allegedly apprehended by police and found in possession of 2 kilograms of charas---Trial Court convicted and sentenced accused under S. 9(c) of Control of Narcotic Substances Act, 1997---Validity---One of the prosecution witnesses stated that 10 to 15 people were gathered at the place of incident---Complainant in his examination-in-chief stated that no private persons were available at place of incident because of which he nominated police officials as mashirs, however complainant in his cross-examination stated that 20 to 25 persons were available at the time of incident---Such contradictions created dent in the prosecution case---Even if complainant's version that 20 to 25 people were present was admitted, then question was as to why no private persons was picked as mashir of arrest and recovery---Although for cases under Control of Narcotic Substances Act, 1997 private witnesses were not necessary and police officials were good witnesses, but in the presence of private witnesses prosecution did not explain how the police assumed the role of mashirs---Record also did not show whether private person were asked to act as mashirs, rather it was admitted by one of the prosecution witnesses in his cross-examination that private persons, who had gathered at the spot, were not approached to act as mashirs---Delay of 8 days in sending samples to Chemical Examiner was not explained, despite the fact that under R.4(2) of Control of Narcotic Substances (Government Analysts) Rules, 2001 such exercise was to be completed within 72 hours of the recovery---Weight of narcotic sent for chemical examination did not tally with the weight disclosed in the deposition of prosecution witnesses---Benefit of doubt was extended in favour of accused and he was acquitted of…

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