Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Smuggling of heroin abroad---Reappraisal of evidence---Accused had allegedly swallowed 50 capsules containing 550 grams of heroin and attempted to smuggle the same aboard through a flight---Trial Court convicted and sentenced the accused to five years" imprisonment and fined him Rs. 50,000---High Court acquitted the accused on appeal---Validity---Admittedly, accused was arrested from the airport and was then immediately taken to nearby hospital where X-Ray of his stomach was taken which depicted foreign bodies---X-Ray as well as the receipt of the hospital had been produced in evidence---After the X-Ray, the accused was taken to another hospital where the doctor administered the requisite medicines so that whatever was in accused's stomach was flushed out---At all times custody of accused was secured through police personnel---Entire process, right from the arrest of the accused and administration of necessary medicine to facilitate quick excretion, had not been questioned by the defence in the cross-examination of the prosecution witnesses---Recovered capsules after excretion were immediately presented to the concerned doctor and then were sealed and sent to the Chemical Examiner---Upon chemical examination it was confirmed that the capsules contained 550 grams of heroin powder---In the presence of deposition of the doctor, it mattered not whether the accused excreted the capsules on the bed or in the toilet or whether the capsules were washed or not as such details were of no relevance---Ample evidence was available on record to find the accused guilty---Trial Court had rightly convicted the accused---Appeal was allowed accordingly and of High Court was set aside and that of Trial Court was restored. (b) Criminal trial--- ----Conviction---Scope---Where no proper investigation was conducted, but the material that came before the court was sufficient to connect the accused with the commission of crime, the accused could still be convicted, notwithstanding minor omissions that had no bearing on the outcome of the case. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, JUSTICE:---.--- Based on a spy…

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