Law: Control of Narcotics Substances Act, 1997

Section: 25,9(c)

Law: Civil Procedure Code (V of 1908)

Section: 103

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 25---Criminal Procedure Code (V of 1898), S. 103---Recovery of narcotics---Samples, preparation of---Procedure---Search was to be made at spot and samples from recovered narcotics substance seized, must be drawn on spot of recovery in presence of accused persons---Mention to such effect should invariably be made in recovery memo drawn on spot. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Recovery of narcotics---Appreciation of evidence---Recovery proceedings---Benefit of doubt---Un-explained delay in registration of FIR---Charas weighing 343 kilograms from 343 packets was recovered from secret cavities of truck---Trial Court convicted and sentenced accused persons to imprisonment for life---Validity---Neither weight was taken on spot of contraband substance allegedly recovered from accused persons nor any mention was made in recovery memo that in whose custody said packets of Charas remained from time of recovery till preparation of recovery memo---Investigating officer chalked out FIR with delay of 8 hours and 30 minutes---Prosecution failed to prove safe custody of narcotic substances got recovered from accused persons---Parcels of recovered Charas were not kept in safe custody and claim of prosecution that parcels of recovered Charas were not tampered with was doubtful---Patent infirmity was noticed in reports which was found to be fatal to case of prosecution---High Court declined to uphold and sustain of conviction and sentence against accused persons passed by Trial Court---Accused persons deserved to be given benefit of doubt and findings in such regard were required to be set aside---Prosecution was not able to prove its case beyond all reasonable doubts against accused persons for offence under S.9(c) of Control of Narcotic Substances Act, 1997---High Court set aside conviction and sentence awarded to accused persons by Trial Court and acquitted them of charge---Appeal was allowed in circumstances. (c) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Recovery of narcotics---Chemical examination report---Prescribed…

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