Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25,29

Law: Criminal Procedure Code (V of 1898)

Section: 103,340(2),342,382B

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic substance---Appreciation of evidence---Police officials as sole recovery witnesses---Competence---Principles---Prosecution case was that 383 kilograms and 900 grams charas in different packets were recovered from the possession and pointation of accused---Record transpired that case of prosecution rested upon the evidence of complainant and mashir, supported with the positive report of Chemical Analyzer---Both the witnesses had given full account of arrest of accused from the pointed place and recovery of charas and had supported fully the contents of FIR and memo of arrest and recovery as well as corroborated the evidence of each other---Report of Chemical Analyzer showed that total 350 khaki paper envelops, each bearing one seal, were received for analysis---All the seals were intact, which after the analysis declared as charas---Said witnesses had identified the accused and case property to be the same present/available before the Trial Court at the time of recording their evidence and, during their lengthy cross-examination, defence had failed to shatter the truthfulness of their evidence thus their testimony remained unshaken---Defence had alleged that no witness from the locality was associated to witness the recovery, but S. 25 of Control of Narcotic Substances Act, 1997, had excluded the provisions of S. 103, Cr.P.C.---Neither the alleged recovery of the charas could be held as doubtful due to non-association of any person of the locality to witness the search or recovery nor the deposition of witnesses lost its evidentiary value merely on the grounds that the witnesses were officials of Anti Narcotics Force---Accused had failed to point out any animosity or ulterior motive on the part of complainant for his false implication and foisting upon him the huge quantity of charas---Mere assertion of accused that he was involved falsely in the case due to political enmity was of no consequence being an afterthought---Such defence plea had neither been suggested to the prosecution witnesses during their…

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