Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---------- ----------S. 9(c)---------Possession, import and export, trafficking and financing of the trafficking of narcotic drugs etc.---------Appreciation of evidence---------Quantum of narcotic substances, determination of---------Principles---------Presumption when separate samples not prepared from each packet of recovered narcotics---------Sentence, reduction of---------Trial court convicted the accused for eight kilograms of Charas, two kilograms of heroin and two kilograms of opium and sentenced him to undergo life imprisonment along with payment of fine---------One kilogram of Charas had been purchased by the prosecution witness from the accused after becoming a fake customer and a separate sample of ten grams had been taken therefrom---------Accused, after apprehension, had also led to the recovery of two kilograms of heroin and two kilograms of opium and separate samples of ten grams each had been taken from those narcotic substances---------Seven kilograms of Charas was also allegedly recovered from the accused at time of his arrest, which was admittedly not in one packet and the same consisted in many packets---------Prosecution/police witness had categorically deposed that he had mixed open and wrapped the seven kilogram of Charas and then taken sample of ten grams from the recovered bulk, so as to render the same into one packet for chemical analysis---------In such situation of ambiguity, the only estimation which could be made was that one packet of Charas had been used by the complainant to segregate a sample of ten grams for transmitting the same for chemical analysis---------Recovery of only two kilograms of Charas (one kilogram purchased from the accused by the police constable and one kilogram recovered from him at time of his arrest), two kilogram of heroin and two kilogram of opium, could safely be held to have been proved against the accused---------High Court observed that where any narcotic substance was allegedly recovered while contained in different packets, wrappers or containers of any kind or in the shape of separate cakes, slabs or any other individual and separate physical form,…

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