Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Prosecution case was that twelve packets of charas, total weighing twelve kilograms, was recovered from the secret cavities of the car driven by the accused---Record showed that the alleged recovery was not made from personal possession of the accused rather it was made from the fuel tank, fixed in the motorcar---Neither the vehicle was registered in the name of accused, nor there was any documents, which could show any nexus with him, nor there was any receipt through which the motorcar was given to him on rent---According to the contents of FIR, the recovery was effected from the motorcar, while report/opinion was sought by the Investigation Agency from the Motor Registering Authority/Forensic Science Laboratory with regard to motorcar through applications---No report/opinion of either of the vehicle was available and that in whose name the vehicle was registered, therefore, in view of the said discrepancy, false implication of the accused in the case by letting off the real culprits by the police could not be ruled out---Patrol-tank from which the illegal stuff was allegedly recovered was neither produced before the court nor it was exhibited to confirm as to whether it was having the capacity to contain such a huge quantity of narcotics, which aspect of the case also made the story of prosecution doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that twelve packets of charas, total weighing twelve kilograms, was recovered from the secret cavities of the car driven by the accused---Seizing Officer stated in cross-examination that he had detached the fuel tank from the motorcar, while other witness stated in cross-examination that after detaching the fuel tank, it…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492