Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of charas---Appreciation of evidence---Benefit of doubt--- Prosecution case was that accused was arrested by the police from a passenger van on being found in possession of 4000 grams charas---Record showed that the complainant had not mentioned the registration number of the van and name of its driver in memo of arrest and recovery and FIR---Complainant and Investigating Officer had failed to obtain and produce the copies of the registration book and route permit of the alleged van to establish that the alleged wagon was in fact plied on the pointed route, which was in fact matter of great importance in view of the admission of said complainant in his cross-examination that no van directly ran from said route---Investigating Officer had not recorded the statement of the driver of the van under S.161, Cr.P.C.---Driver of the van was an important witness of the prosecution to establish that the accused was in fact travelling through his van, hence, he should have been joined in investigation---Prosecution, therefore, was not able to prove the existence and presence of alleged van and also the fact of its stoppage on the scene of occurrence, as well as the travelling of the accused in the van, if it existed at the date and time mentioned by the prosecution---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of charas---Appreciation of evidence---Benefit of doubt---Non-production of record of daily diary and Register No.19---Scope---Prosecution case was that accused was arrested by the police from a passenger van on being found in possession of 4000 grams charas---Prosecution had not produced on record the certified copies of the original daily diary entries and entry of original Malkhana Register No.19---Departure Entry and arrival Entry of complainant, departure entry of recovery witness, departure entry of Investigating Officer entry whereby said Investigating Officer…

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