Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 539-B

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Criminal Procedure Code (V of 1898), S. 539-B---Possession of narcotic substance---Appreciation of evidence---Local inspection---Scope---Prosecution case was that accused persons were arrested with 14.400 kilograms of charas and 9.600 kilograms of opium---Accused persons had concealed some of the narcotics in the secret cavities of the rear bumper of the car---Prosecution had brought four witnesses to prove the charge against the accused persons---Car, which was allegedly used for drug trafficking was also produced---Accused took plea that the prosecution case was false and no narcotics were recovered from the car---Accused emphasized on the fact that there were no secret cavities in the car in which the narcotics could be hidden, more particularly its rear bumper---Investigating Officer was cross-examined on the said point---While the cross-examination of Investigating Officer was in progress, the accused filed application under S. 539-B, Cr.P.C. before the Trial Court requesting the Judge to inspect the rear bumper of the car to verify whether it had any secret cavities---Trial Court dismissed the said application, holding that there was no need for any such inspection---Validity---Record showed that the Trial Court had simply stated that car from which the narcotics were allegedly recovered was parked outside the court-room and defence counsel was at liberty to inspect the same in the opinion of the court, it was not necessary to inspect the same---Record transpired that the precise defence plea was that the prosecution story was concocted and the narcotics were foisted on the accused persons---Since the prosecution had alleged that some packets of the contraband substance were recovered from the secret cavities of the car's bumper, the accused sought to demonstrate that no such cavities existed---Inspection of the car in general and its bumper in particular was imperative for a just decision of the case---Denial of an opportunity to the accused to make the demonstration would be a denial of his Fundamental Right to a fair trial---High Court observed that Trial Court was obligated to make…

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