Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictory evidence---Failure to disclose the manner of sampling---Non-association of private witnesses---Effect---Accused was alleged to have been in possession of 1500 grams of charas which was recovered in the shape of patties---Mode and manner of sampling was not described by complainant either in the memo of arrest and recovery or during deposition---Prosecution case was that there were more than one patty of charas and in such a situation, sampling was required to be made separately from each patty---Non-following of mandatory procedure meant that at the most only 10 grams charas was said to be established as recovered quantity---Complainant and witnesses were not in agreement about the number of seals put on the sealed parcel---Admittedly, complainant and witnesses had beforehand information but they did not try to associate private witnesses for the purpose of arrest and recovery---Case of prosecution was not free from doubts---Appeal was allowed, in circumstances. JUDGMENT FAHIM AHMED SIDDIQUI, J.---The Special Judge/Additional Sessions Judge-III, Hyderabad in the Special Case No. 08/2013 has convicted the appellant by passing the impugned judgment dated 18th September, 2014. The operating part of the impugned judgment is as under:-- "The prosecution has established its case against the accused Sultan Ahmed son of Bakhshal Khoso, beyond a reasonable doubt. Accordingly, he is convicted and sentenced for an offence punishable under section 9(c) of the CNS Act 1997, by exercising my power under section 265-H(2), Cr.P.C. to suffer rigourous imprisonment for seven years and fine of Rs. 10,000/-(Rupees ten thousand). In default thereof the accused shall suffer simple imprisonment for one month. The accused is produced in custody; he is remanded back to the Central Prison Hyderabad with the direction to the Superintendent Central prison, Hyderabad to keep him in detail and to serve out the above sentence. However, benefit of section 382-B, Cr.P.C. is awarded to the accused." 2. We have heard the arguments and perused the…

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