Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictions in statements of witnesses---Safe custody of recovered narcotic not proved---Effect---Accused was found to be in possession of 1500 grams of charas---Complainant sealed the narcotic into two separate parcels and took them into possession---Moharrer of Police Station deposed that complainant/Investigator deposited a sealed sample parcel, which he handed over to a constable for onward transmission to the office of Chemical Examiner---Moharrer had not stated that the remaining quantity of contraband (other than sample parcel) was also deposited with him---Constable deposed that the Moharrer handed him over one sealed parcel of charas which he deposited in the office of Chemical Examiner and he never took the parcel of sample to the office of Excise and Taxation Officer---Report of Chemical Examiner depicted that the sample was forwarded through Excise and Taxation Officer---Safe custody of case property and sample thereof from day one was missing and no conclusive proof was available to prove that the recovered charas was deposited in Maalkhana and the same was not tampered with---Foundation on which whole case of prosecution was built had no legs to stand and the evidence thus produced was not free from doubts--- Appeal against conviction was allowed, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 20 & 21---Power to issue warrants---Power of entry, search, seizure and arrest without warrant---Scope---Section 20, Control of Narcotic Substances Act, 1997 empowers a Special Court to issue search warrant of any building, etc where it believes that narcotics has been kept or concealed---Section 21, Control of Narcotic Substances Act, 1997 empowers a police officer of the rank of Sub-Inspector to search any building, etc without warrant in which he has the information of keeping or concealing any narcotics and a warrant of search cannot be obtained without affording the person an opportunity of concealment of evidence---Said officer could seize such narcotics. (c) Control of…

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