Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic drugs---Appreciation of evidence---Complainant (police) allegedly apprehended accused and seized from his hand the polythene bag containing four pieces of Charas weighing two kilograms; same was sealed at the spot and memo of arrest and recovery was prepared in presence of witnesses, and then the FIR was lodged at the Police Station---Investigating Officer prepared memo of site inspection, recorded statement of witnesses under S. 161, Cr.P.C. and sent the case property to Chemical Examiner for analysis---Report of Chemical Examiner showed that parcel was found in three seals packets containing four brown coloured pieces of Charas---Case property was also produced before Trial Court during evidence of prosecution witnesses---All the three prosecution witnesses implicated accused being apprehended at specific day, time and place and being in possession of Charas---None of the prosecution witnesses had any enmity with the accused nor was it ever suggested---Credibility of recovery of Charas was attached with memo of recovery even if the sealed parcel was stated to have been signed by the witness at Police Station---Defence plea of accused that accused was arrested seven days before the occurrence and upon non-fulfilment of demand of illegal gratification he was implicated falsely was of no force because neither the accused nor any of his relatives made any complaint to Police nor any application was moved before the court regarding his illegal detention and the person who allegedly arrested accused did not belong to alleged wing of Police---No misreading, non-appreciation of evidence, illegality or factual infirmity existed in the impugned --- Appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: ZAFAR AHMED RAJPUT, JUSTICE:---.--- This Criminal Appeal, under section 410, Cr.P.C. read with section 48 of the Control of Narcotic Substances Act, 1997 (hereinafter the "Act of 1997") is directed against the judgment, dated 09.03.2016, passed in Special Case No. 01 of 2015, arising out of Crime No. 07/2014, registered at P.S Jamalpur under section 9(c) of the Act of 1997,…

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