Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 18 kg of charas---Appreciation of evidence---Prosecution case was that 18 kilograms of charas was recovered from a vehicle driven by the accused---Record showed that the complainant/Seizing Officer and recovery witness had furnished straight forward and truthful account of the occurrence---Both the witnesses had been subjected to lengthy and taxing cross-examination but nothing favourable to defence could be brought from their months---Said witnesses remained stuck to their stance and corroborated each other on all material particulars of the occurrence such as the day, date, time and place of occurrence, the mode and manner of arrest of the accused and recovery of contraband charas from secret cavities of the vehicle, which was in the exclusive possession and control of the accused at the relevant time being driven by him---No doubt, the witnesses were Police Officials but nothing in black and white was available on file to show their ill will or enmity with the accused to falsely implicate him in case---Circumstances established that the prosecution had proved the guilt of the accused through cogent and confidence inspiring evidence---Appeal against conviction was dismissed accordingly. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 18 kgs. of charas---Appreciation of evidence---Safe custody and transmission of samples of the narcotic from the police to the Chemical Examiner---Scope---Prosecution case was that 18 kilograms charas was recovered from a vehicle driven by the accused---Testimony of all the witnesses including the Seizing Officer and the Investigating Officer were consistent with each other on the fact that samples and contraband narcotic were brought by two Constables to Police Station from the spot and handed over to Moharrir of the Police Station---Daily diaries also substantiated the testimony of Seizing Officer, Investigating Officer and Moharrir of the Police Station--- Murasila which was the first written document at the spot showed presence of said Constables with the Seizing Officer at the time of…

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