Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Penal Code (XLV of 1860), Ss. 170, 419, 420, 468 & 471---Possession of narcotics, personating a public servant, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for the purpose of cheating, using as genuine a forged document---Appreciation of evidence---Benefit of doubt---Prosecution case was that a vehicle driven by the accused, was stopped on the main road, taken to the police station, accused was interrogated there and a plastic sack in a carton, tagged on to bonnet of the vehicle above the engine containing ten packets of heroin, weighing one kilogram each, total ten kilograms was recovered---Reportedly, a card of intelligence agency from the pocket of accused was recovered, which was found fake on verification---Record showed that no recovery was made from the motorcar after it was stopped for checking but at the police station in the presence of police officials other than those present with the complainant at the time of stopping of the vehicle, which made the recovery and the case against the accused doubtful---Testimony of marginal witness was not worthy of reliance in view of his own admission that he was not the eye-witness of the occurrence---Absence of independent witnesses from the general public in spite of prior information to the complainant; and non-production of police officials present with the complainant certainly cast doubt on recovery of the contraband from the car at the police station---Covering of considerable distance by the vehicle, generating heat from the engine, would make the recovery more doubtful, for the reason of heroin changing its very nature in the face of so much heat---Nothing was on the record to establish nexus of the accused with the recovered narcotics, as neither evidence was brought on the record to show him either owner of the car or its driver---Accused was acquitted from the charge under S.170 Penal Code, 1860 by the Trial Court---State did not file appeal against the said acquittal, which would not only shake the FIR but also would raise question about case and evidence of the prosecution against…

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