Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 231

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Possession of narcotic substance--- Appreciation of evidence---Prosecution case was that 2400 grams charas was recovered from the possession of accused---Accused was arrested at the spot---On conclusion of usual investigation, challan was submitted against accused accordingly---Trial Court framed charge against the accused under S. 9(c) of Control of Narcotic Substances Act, 1997---Accused pleaded not guilty and claimed to be tried---Prosecution produced witnesses in order to prove the charge against the accused---Statement of accused under S. 342, Cr.P.C. was recorded---Prosecution thereafter, submitted an application under S. 227, Cr.P.C. to alter the charge, which was allowed---Amended charge was framed under S. 9(c) of Control of Narcotic Substances Act, 1997---Prosecution did not re-examine or re-summon the witnesses---Accused was convicted on the basis of evidence produced before altering the charge---Validity---Trial Court adopted illegal procedure by allowing the prosecution to rely upon the same evidence which was taken before amended charge---Sufficient description of samples had been mentioned in the amended cheque---Trial Court was bound to re-call witnesses already examined for re-examination afresh---High Court observed that slipshod method adopted by the Trial Court could not be appreciated which caused miscarriage of justice---After the amended charge, only the statement of accused was recorded on oath, which was illegality committed by the Trial Court---Circumstances established that conviction and sentence of accused was not sustainable---Appeal against conviction and sentence was allowed and case was remanded for decision afresh after re-calling and re-examination of prosecution witnesses already examined. S. Hifazat Hussain v. The State 1987 PCr.LJ 403 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 231---Charge, alteration of---Whenever charge was amended, the court was bound to allow the prosecution and the accused to re-call and re-examine witnesses, already examined---Statement recorded by prosecutor and accused that they would not examine the witnesses already…

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