Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 103,156

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Allegation against accused was that 3-kilograms of charas was recovered from his possession---Prosecution witness/officer of Anti Narcotics Force had given detail of recovery of charas from the accused, which was largely corroborated by witnesses---Positive report of Chemical Examiner was available on record---Departure and arrival entries of the witnesses were produced---Despite lengthy cross examination, nothing favorable to the accused could be extracted---Evidence of witness/officer of Anti Narcotics Force supported by recovery witnesses was confidence inspiring and was reliable and trustworthy---No mala fide on the part of officials of Anti Narcotics Force had been brought on the record---Evidence of officials of Anti Narcotics Force was corroborated by positive chemical report and recovery of motorcycle---Not a single major contradiction in the evidence of the Anti Narcotics Force officials had been brought on record to discard their testimony---Circumstances and facts of the case established that charas was recovered from the possession of accused, which connected the accused with the commission of offence---Appeal against conviction was dismissed in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic substance---Appreciation of evidence---Police officials as sole recovery witnesses, competency of---Principles---Prosecution case was that 3-kilograms of charas was recovered from the possession of accused---Prosecution witnesses were police officials---Defense had alleged that no private person was associated at the time of recovery---Validity---Accused had failed to show any ill-will or motive on the part of the Anti Narcotics Force officials to falsely implicate him, as such non-citing of the public witness was not fatal to the prosecution case---Private persons were reluctant/refused to act as witness---Application of S. 103, Cr.P.C. was excluded in such cases in view of S. 25 of Control of Narcotic Substances Act, 1997---Appeal…

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