Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Recovery of narcotic substance--- Appreciation of evidence---Benefit of doubt---Prosecution case was that twenty five bags of bhang weighing one maund each was recovered from the possession of the accused persons---As per fardbiyan/complaint that allegedly 25-bags of bhang were recovered from the possession of the accused persons and the same were taken into possession by complainant in presence of two recovery witnesses vide recovery memo---Recovery witness during cross-examination stated that the alleged bhang was not recovered from the exclusive possession of any of the accused---Similarly, other recovery witness stated that as the accused present in the court were present besides the Boras therefore, he presumed that they were the owners of those Boras---Informer did not point out the place of occurrence---From the perusal of the said portions of statements of recovery witnesses, it had been crystal clear that the alleged 25-bags of bhang were not recovered from the sole possession of the accused persons rather the same were lying on the bank of the road and recovered from there, which was an open place and accessible to everyone---Complainant deposed before the court that bhang was not recovered from exclusive possession of accused but was recovered from all the persons present in the court---Prosecution could not produce any witness to prove that said bhang was brought by present accused at alleged place of recovery, when brought and from whom brought---Circumstances established that the prosecution failed to prove its case against the accused---Appeal was allowed and accused were acquitted by setting aside conviction and sentences recorded by the Trial Court, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4(2)---Recovery of narcotic substance---Appreciation of evidence---Benefit of doubt----Chemical analysis---Delay of about seven months in sending the samples for chemical analysis---Effect---Prosecution case was that twenty five bags of bhang weighing one maund each was…

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