Law: Control of Narcotics Substances Act, 1997

Section: 9(c),77

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession and transportation of 59 kilograms of charas---Reappraisal of evidence---Accused persons were caught red handed in broad daylight by the police and a huge quantity of 59 kilograms of contraband charas packed in 58 packets was recovered from secret cavities of the car, which was being driven by the one of the accused, whereas the other accused was sitting on the rear seat---Prosecution’s case hinged upon the statements of police officials, who narrated the prosecution story in a natural manner and remained consistent throughout and their testimony could not be shattered by the defence despite lengthy cross-examination---Said witnesses had no enmity with the accused persons to falsely implicate them in the present case---Even otherwise a huge quantity of 59 kilograms of charas in no circumstances could be planted by the Investigating Officer of his own---Report of the Chemical Examiner showed that from all the 58 packets of recovered charas, 50 grams charas was separated from each packet and consumed in analysis and the same was found to be contraband charas. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Narcotic cases---Testimony of police officials, reliance upon---Scope---Testimony of police officials is as good as any other private witness unless it is proved that they have animus against the accused---Reluctance of general public to become witness in such like cases has become judicially recognized fact and there is no impediment to consider statement of official witnesses, as no legal bar or restriction has been imposed in such regard---Police officials are as good witnesses and could be relied upon, if their testimonies remain un-shattered during cross-examination. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 77---Control of Narcotic Substances (Government Analysts) Rules, 2001 (‘the Rules’)---Said Rules are directory and not mandatory in nature---Any lapse (in compliance with the Rules), would not automatically discard the whole prosecution case. Control of Narcotic Substances (Government Analysts) Rules, 2001 (‘the Rules’) are…

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