Law: Control of Narcotics Substances Act, 1997

Section: 9(c),29

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) ,  29---Possession of 1500 grams of heroin---Reappraisal of evidence---Plea of false implication due to previous animosity rejected---Investigation Officer swiftly concluded various investigative steps/requirements to bring the prosecution to its logical end---Attestation of inventories by other members of the police contingent confirmed their presence at the scene of occurrence---Such official business was protected by statutory presumption of being in order/genuine---Insofar as allegation of previous animosity on account of alleged demand of bribe by one of the members of the police party, against whom, the accused claimed to have moved some application was concerned, nothing was brought on the record to even obliquely suggest an ongoing previous animosity, prompting the police to impose false recovery of a substance---Such plea of accused surfaced, surprisingly late in the day without any attempt to take the departmental recourse and, thus, at best could be viewed as an afterthought and at worst a ploy to subvert the prosecution---Even during the trial, the accused did not enter the witness box in disproof of charge or to drive home his plea with a view to discharge adverse statutory presumption provided in section 29 of the Control of Narcotic Substances Act, 1997---Petition for leave to appeal was dismissed, leave was refused and conviction and sentence of accused were maintained. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Surprised by a police contingent within the precincts of Police Station Gujjar Khan, headed by Shabbir Hussain, SI (PW-3), the petitioner was found in possession of 1500 grams of heroin at 1:30 p.m. on 21.04.2019. Upon search, a cell phone handset along with some cash were also secured vide inventory. 75 grams sample forensically confirmed the contraband character of the contraband. Upon indictment, the petitioner claimed trial that resulted into his conviction under section 9(c) of the Control of Narcotic Substances Act, 1997; he was sentenced to 6-years’ RI with a direction to pay fine, pre-trial period inclusive, vide judgment dated 29.01.2020, upheld by the…

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