Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Sentence, reduction in---Discrepancy in weight of narcotic---Mitigating circumstances---Scope---Prosecution case against accused was that he, along with another was travelling in a vehicle which was loaded with marble scrap under which 100 packets of charas were discovered by the police---Each packet weighed one kilogram, and five grams from each packet was separated and sealed---Case of prosecution with regard to separation of samples from the contraband and its weight was discrepant---Investigating Officer admitted that the weight of the contraband after extraction of samples was stated to be 9500 grams---Complainant admitted in his cross-examination that he did not open all the packets for separation of samples; that each packet contained one slab and that since sufficient time had lapsed when the contraband was seized, therefore, he did not remember that any packet contained more than one slab---Marginal witness to the recovery memo stated that the weight of remaining stuff was 9500 grams---Case against accused, the driver of the vehicle, was proved beyond any shadow of doubt---Trial Court had rightly convicted the accused, however, as to whether the contraband was 100 kgs or 9500 grams and statement of the complainant regarding separation of samples was a mitigating circumstance---High Court maintained the conviction and reduced the sentence from imprisonment for life to 7 years---Appeal to the extent of accused was dismissed. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Conscious knowledge of accused---Scope---Prosecution case against accused was that he along with another was travelling in a vehicle which was loaded with marble scrap under which 100 packets of charas were discovered by the police---Prosecution had failed to prove any link of the accused with the driver, as he was resident of foreign country whereas the driver was resident of Pakistan---Accused, in his statement under S. 342, Cr.P.C., had stated that he was waiting for public transport, in…

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