Law: Control of Narcotics Substances Act, 1997

Section: 14,15

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,382B

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 14 & 15--Conviction and sentence--Challenge to--Benefit of doubt--Held: It is settled principle of law that charge shall be specific, clear and unambiguous, in order to know accused to defend himself properly for charge framed against him--In case in hand, charge is also not giving, any clear intention that accused-appellants were directly charged--Further held: It is settled law that in cases involving capital punishment, standard of evidence, shall be such that no doubt is left, that accused was falsely implicated in case--Hence, responsibility lay upon prosecution to produce solid piece of evidence--Even in case in hand, all goods recovered as well as narcotics and car were formally exhibited but Judge, Special Court has not taken pain to record his observation, as to whether he himself had examined in detail either narcotics produced before Court or car--To know whether such a huge quantity of narcotics could be accommodated in doors of vehicle as alleged by prosecution and whether there was enough such place within doors of vehicle--Registrar (J) of High Court shall forward a copy of this to concern Judges for guidance. Duty of Court-- ----Scrutinize the evidence--It is also legal duty of Court to minutely scrutinize evidence, in order to remove all possibility of doubts, while convicting an accused--In case of a single doubt, arises out of overall prosecution evidence, its advantage shall liberally be extended in favour of accused, as it is very easy to involve innocent person in such like cases, where complainant is also Investigation Officer himself--Higher Courts, time and again has held that in cases where complainant is itself an Investigation Officer, such kind of investigation and testimony of all interested police officials shall be scrutinized with threadbare manner. Recovery of Narcotics-- ----Conscious Possession--No person shall be a Judge of his own cause--Mere presence of persons in a vehicle or place from which narcotics is recovered would not ipso-facto make them accused but in such like cases, conscious possession and knowledge shall be proved. THIS JUDGMENT DELIVERED…

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