Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Prosecution case was that police party received spy information that two narcotics peddlers were selling charas and if immediate raid was conducted then heavy quantity of narcotics substance would be recovered---Police party reached at the spot and on the signal of the informer encircled both the accused, who on seeing the police party tried to run away but accused was arrested at the spot, whereas co-accused succeeded to flee away---Four packets of charas, tied with his Shalwar were recovered along with sale proceed on search of accused---Accused during interrogation, made disclosure and got recovered 29 packets of charas, concealed in the earth in an iron trunk---Said packets were taken into possession and was found to be weighing 01-maund and 1 kilograms---Out of the recovered substance, the complainant separated 5/5-grams from each packet for chemical analysis---Evidence of the complainant showed that on receiving the information, he conducted raid and got recovered four packets of charas and soon after recovery he did not prepare complaint and conducted investigation on the spot---Said evidence of the complainant revealed that the complainant had investigated the case prior to lodging of the FIR, which rendered the whole of the prosecution version doubtful---Investigating Officer had deposed that before his reaching on the spot, complainant had already prepared the complaint, the recovery memo and the site plan of the place of occurrence---Charas was weighed by the complainant in the presence of Investigating Officer---Complainant was not justified in conducting investigation before registration of FIR and preparing all the documents relating to different steps of investigation---Such investigation without registration of the FIR was impermissible which would vitiate the entire proceedings---Accused was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Appreciation of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492