Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342,382B

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 454 packets of charas garda and 10 packets opium, each packet consisting of small tikkies wrapped in different colour wrappers were recovered from the truck driven by accused while co-accused was sitting on front seat---Samples from the recovered charas as well as opium of 10/10 grams were taken from each packet for the purpose of Laboratory analysis, rest of the narcotics were sealed in separate parcels---Pursuant to recovery, both the accused-appellants were booked---In the present case, the joint charge framed against the accused-appellants was vague inasmuch as it did not specify as to who was driving the truck at the relevant time and who was sitting on the side seat---No case property was produced and exhibited before the Trial Court during the course of examination of accused-appellants---Evidence used against the accused-appellants on that account was incomplete---Samples separated from the recovered contraband were sent to the Laboratory situated in other District---No reason was recorded on the part of the prosecution that despite having a full-fledged upto date Laboratory in the city, why the samples were sent to other District for test and analysis---Even if the rule was construed as directory, it did not mean that it need not be complied with at all---Prosecution could not be permitted to ignore such provision of law completely without any reason---Samples were dispatched on 23.02.2013 which were received by the Forensic Science Laboratory on 25.02.2013---Report was prepared and signed by the persons not qualified for the purpose under the Act---No CDR data had been collected by the prosecution to have established the link of accused-appellants with drug traffickers---Circumstances established that the prosecution had failed to prove its case against appellants beyond any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside conviction and sentence recorded by the Trial Court, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.…

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