Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of four kilograms of cannabis---Reappraisal of evidence---Accused lady was apprehended from within a public vehicle and found in possession of 4 kgs. of cannabis---Plea of accused that she had been targeted as a scapegoat by the police, who had enmity with her husband---Held, that quantity recovered from accused was substantial in volume/weight, which could not possibly be foisted upon a female to victimize her husband, who himself was the most suitable target, if at all the police had an axe to grind against him---Evidence of all the prosecution witnesses including those of recovery was in tune with one another---Soon after her arrest, the accused was produced before a Magistrate who remitted her into judicial custody, but the accused did not raise any protest at such opportune occasion, and her silence went a long way to rebut the belatedly related story that otherwise may not be plausible---Conviction of accused under S. 9(c) of Control of Narcotic Substances Act, 1997 and resultant sentence of four years' imprisonment with fine of Rs. 20,000 was upheld---Petition for leave to appeal was dismissed. (b) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Report of Government Analyst---Protocols/procedure---Scope---Substantial/sufficient compliance with R. 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001 ('Rule 6')---Plea on behalf of accused that forensic report in the present case did not mention the details of protocols used, as such the nature of contraband was never established---Held, that tests carried out by the analyst were vividly mentioned in his report, under the heading "Test Performed on Received Item(s) of Evidence" followed by the heading "Results and Conclusions"---Said details in the forensic report substantially/sufficiently qualified to meet the statutory requirements under R. 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001---Conviction of accused under S. 9(c) of Control of Narcotic Substances Act, 1997…

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