Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Prosecution case was that 78 kilograms charas and 08 kilograms heroin were recovered from the possession of accused persons---Record showed that the raiding party, headed by complainant, apprehended the accused persons after receiving spy information from a special informer at a Gas Station---From the possession of accused persons, they recovered a total of 78 kilograms of charas and 8 kilograms of heroin in the shape of packets---Complainant admittedly tried looking for private mashirs of the locality, but nobody agreed, therefore he appointed ASI and Police Constable---Recovered charas was weighed on an electronic scale available with them---Ten (10) grams of charas from each packet was separated from the total quantity and sealed on the spot for chemical examination whereas the entire quantity of heroin was sealed alongside it for chemical examination as well---Moreso, the prosecution witnesses had provided an uninterrupted chain of facts ranging from arrest and seizure to forensic analysis of the contraband---Witnesses were in comfortable unison on all the salient features regarding interception of the charas and heroin as well as all the steps taken thereafter---All the witnesses had unanimously deposed that the case property in Court was the same and they were at no point cross-examined on the same point by the defence alleging tampering with the same---Contraband so recovered from the accused persons had been proved by examining the complainant, mashir of the arrest and recovery and the Police Officer responsible for the delivery of the contraband to the Chemical Examiner---Recovered narcotics were kept in safe custody from the time of their recovery to the time when they were taken to the Chemical Examiner---Furthermore, narcotics were sealed on the spot and had remained sealed in the malkhana before being transported to the Chemical Examiner---Seals on the same parcels delivered were found intact by the Chemical Examiner, further proving safe custody and transmission of the same---Even otherwise, it appeared rather unbelievable…

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