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 fifty kilograms of charas in fifty packets were recovered from secret cavities of the car of the accused persons---According to the murasila and statement of Seizing Officer, he recovered 50 packets of charas weighing 50000/-grams (50 KGs) grams from the secret cavities of the vehicle in question but he had only mentioned weighment of two packets i.e. 1000/1000 whereas, failed to mention weighment of remaining 48 packets---Circumstances established that the prosecution had been unable 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---Chemical analysis---Delay of eight days in sending the samples for analysis---Scope---Prosecution case was that fifty kilograms of charas in fifty packets were recovered from secret cavities of the car of the accused persons---According to the Forensic Science Laboratory Report the samples were received there on eighth day of recovery whereas, according to the statement of Seizing Officer, the same were separated for analysis on the day of occurrence with a delay of 08 days without any explanation---Mohrrar of the Police Station had also admitted during his cross examination that he sent the samples after a delay of about 08 days however, nothing for its sending late to the Forensic Science Laboratory had been put forward to be relied upon---Even no plausible explanation had been furnished by the Seizing Officer or by the Investigating Officer to the effect that the samples remained in safe custody from the date of registration of the FIR till its receipt in the Forensic Science Laboratory therefore, safe custody of parcels of samples had not proved by the prosecution in the case, which was mandatory requirement of the law---Statements of Seizing Officer as well as Investigating Officer were silent regarding the safe custody of the samples---Circumstances…

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