Law: Control of Narcotics Substances Act, 1997

Section: 9(c),35

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 4

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 35---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Trafficking of narcotics---Dispatch of sample for test or analysis---Appreciation of evidence---Benefit of doubt---Scope---Accused was convicted for having been apprehended while trafficking thirty six kilograms of charas in his motorcar---Evidence revealed that neither motorcar was registered in his name nor a driving license was taken into possession from him---Material discrepancies existed in the statements of prosecution witnesses which also gave a hint that the prosecution case was not free from doubt---All three important witnesses of the prosecution viz, complainant, Investigating Officer and marginal witness to the recovery memo. were oblivious as to departure from the police station and arrival back to the police station nor there were any written diaries in that respect---Complainant also showed his ignorance on certain material points---Samples were delivered in the Forensic Laboratory after a delay of about five days whereas the same were required to have been sent to the Forensic Laboratory within 72 hours of its seizure as required by R. 4(2) of the Control of Narcotic Substances (Government Analysts)…

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