Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 18200 grams of charas---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Prosecution case was that 18200 grams charas was recovered from a gas cylinder fixed in the dickey of a motorcar, driven by accused---Complainant stated that after receiving information he along with six others reached to the spot a little early and found the car coming with enormous speed---Said vehicle was signalled to stop but it went ahead with accelerated speed and was chased through his Alto Suzuki car---Statement of the complainant was a little disturbing as to how an Alto motorcar could accommodate seven police officials duly armed with weapons including complainant and that when the motorcar was signalled to stop and it did not, how in the shortest span of time all the seven boarded the motorcar and chased the vehicle containing narcotic---If the testimony of the complainant was accepted to be correct then it could be presumed that either the accused was not present in the motorcar or he was not in the knowledge regarding the narcotic---Complainant further stated that on their arrival near the motorcar he recovered the narcotics from the gas cylinder fitted in the dickey---Said fact added a little doubt as to how without the pointation of the accused the complainant went straightaway to the dickey and recovered the narcotic without searching rest of the motorcar---Circumstances established that the prosecution failed to prove its case against the accused---Appeal against acquittal was dismissed accordingly. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 18200 grams of charas---Appreciation of evidence---Appeal against acquittal---Contradictions in the statements of witnesses---Scope---Prosecution case was that 18200 grams of charas was recovered from a gas cylinder fixed in the dickey of a motorcar driven by accused---In the present case, the complainant stated that the gas cylinder was removed by all seven police officials and was placed on the ground where after with the help of instruments i.e. screw driver it was opened and the…

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