Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)---S. 9(c)---Possession and transportation of 500 kilograms of cannabis---Reappraisal of evidence---Safe transmission of samples to office of Chemical Examiner not established---Heinousness of the charge and huge quantity of the alleged contraband, notwithstanding, the prosecution was under a bounden responsibility to drive home the charge by proving each limb of its case that essentially included production of the witness, tasked with the responsibility of transmitting the samples to the office of Chemical Examiner---Failure of the prosecution in such regard cast away the entire case---Petition for leave to appeal was converted into appeal and allowed; the impugned was set aside; and accused was acquitted of the charge. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- The petitioner was on the wheel of an oil-tanker when intercepted by a contingent of ANF Sakkur on 04.05.2013; upon search, a huge cache of cannabis weighing 500 kg., concealed in the secret cavities, was recovered; Aziz Ahmed co-accused, on board, was also taken to the task; upon indictment, they claimed trial that resulted into their conviction under clause (b) of section 9 of the Control of Narcotic Substances Act, 1997; they were sentenced to imprisonment for life with a direction to pay fine vide judgment dated 25.04.2016. The High Court acquitted Aziz Ahmed from the charge, however, maintained petitioner’s conviction and sentence vide impugned judgment dated 17.01.2018, vires whereof, are being assailed primarily on the ground that prosecution hopelessly failed to drive home the charge inasmuch…

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