Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Transportation of narcotics---Appreciation of evidence---Benefit of doubt---Delayed FIR---Scope---Accused was convicted for having been apprehended while transporting 25 kilograms of charas and 3 kilograms of opium---Report regarding the occurrence was not recorded on the spot and the same was recorded on the next day reason for which was given that there was no proper arrangement for measurement of narcotics---Case property and accused were handed over to the security personnel present at the Customs Intelligence and Investigation office for the night---Strong possibility of placing the narcotics in the motorcar during the night existed, which aspect of the case had created serious doubt in the story of prosecution---Complainant had completed the entire proceedings in his office in presence of his subordinates, who were shown marginal witnesses to the recovery memo---Columns of number of FIR and time of report were left blank which columns were later on filled in with hand writing---Material contradictions were observed in the statements of prosecution witnesses---Prosecution had failed to bring home the charge against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.   (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Information in cognizable cases---Delayed FIR---Scope---Object of recording of murasilla or registration of FIR, apart from setting law into motion, is to provide base for carrying out investigation in the right direction---No doubt, there are no hard and fast rules as to the duration of time consumed in the registration of FIR, but such prompt measure would rule out the possibility of deliberation, consultation and enquiry before furnishing the information---Element of delay in lodging the crime report is treated with caution because there is a tendency to involve innocent people during the interval---Longer the intermission, greater are the chances of false implication, therefore, it is necessary for the prosecution to at least come forward with plausible explanation for the delay caused. (c) Control of Narcotic…

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