Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of Narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 4000 grams charas was recovered from the plastic bag of the accused---Record showed that on spy information the accused was arrested from a populated area and the complainant had sufficient time either to take any private mashir from the place where he received spy information or at the place where he arrested the accused and recovered charas from his possession to witness the recovery proceedings but it was not done by him for the reasons best known to him and only the police officials who were subordinates to him were made as mashirs of arrest and recovery proceedings---No customer of purchasing the alleged charas was found at the place of incident---If police could have waited tactfully, some customers might have appeared on the scene, that would have brought some acceptability to police story---Circumstances established that prosecution had failed to prove its case against the accused---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Search to be made in presence of witnesses---Scope---Prosecution case was that 4000 grams charas was recovered from the plastic bag of the accused---Provisions of S.103, Cr.P.C were not attracted to the cases of personal search of accused in narcotic cases but where the alleged recovery was made on a road (as had happened in the present case) and the people were available there, omission to secure independent mashirs, particularly, in the case of spy information could not be brushed aside lightly by the court---Police, in such circumstances was, to take video grabs of such occurrences or wear body-cameras---Prime object of S.103, Cr.P.C. was to ensure transparency and fairness on the part of police during course of recovery, curb false implication and minimize the scope of foisting of fake recovery upon…

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