Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession and trafficking of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that eleven kilograms heroin was recovered from two metal decoration pieces belonging to accused---Out of the recovered substance, two sample parcels of 5-grams each were prepared for chemical analysis---Record showed that prosecution had not established safe custody of recovered substance---Seizure of the alleged narcotic substance was shown to have been made on 25.02.2010 at 9.40 p.m.---Two parcels of samples weighing five grams were taken from the seized substance---One parcel of remaining seized substance was prepared at the spot---Complainant stated that at 3.00 a.m. he handed over complaint at Customs House---First Information Report showed that incident was reported to Customs Authorities at 11.50 a.m. on 25.5.2010---Official witness deposed that complaint was received a 9.30 p.m. and FIR was lodged at 9.45 p.m.---Inconsistencies and contradictions with regard to the deposit of the parcels of the samples, remaining recovered contraband and time of reporting incident were apparent---From the time of the seizure till the deposit of parcels of samples and remaining contraband in the State Ware House, it was not established as to where those were laid or handled by how many people and in what ways---Mere oral evidence of the prosecution witnesses did not discharge the heavy burden of responsibility, which lay on the prosecution---Prosecution had not been able to prove safe custody of the recovered substance through material and cogent evidence---No evidence was available to connect the report of Chemical Examiner with the substance seized from the possession of the accused---Said fact alone created a ground to believe that the parcels of sample and case property were not kept in safe custody and the claim of the prosecution that the case property was not tampered with was doubtful---Moharrar/incharge of the Ware House as well as the person who deposited the sealed parcel of the samples with the office of the Chemical Examiner had not been examined by the prosecution---In absence of…

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