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 fifty eight kilograms gross heroin powder in ten wooden tables was recovered from the container of the accused---Record showed that the FIR was lodged with promptitude giving no time for concoction and S. 161, Cr.P.C statements of the witnesses were also recorded promptly which were not significantly improved upon by any witness at the time of giving evidence---Accused was arrested on the spot when the container was opened in his presence and the heroin was found concealed in 10 wooden tables---Accused had no reason to be in the secured examination area unless he was involved in the shipment---Clearing Agent/witness gave evidence that he had once already arranged such a shipment to Malaysia in 2012 with the accused and absconder whereby E-Form, invoice and undertaking had been provided to him and that he had once again arranged such a shipment for the accused which was the shipment in question which had been blocked by the Anti Narcotic Force---According to evidence of said witness, he was present when the container was opened by the Anti-Narcotic Force and the accused pointed out that the narcotics were hidden in ten wooden tables at the back of the container which only the accused would have known about---Evidence of said witness on the recovery of the narcotics on the pointation of the accused in a hidden place was also corroborated by the Anti Narcotic Force witness---Said witness was an independent witness and no enmity was suggested between him and the accused and thus had no reason to falsely implicate the accused in the case---Said witness was not dented during cross examination and he gave his evidence in a straightforward manner and as such his evidence was believable---Accused had given a signed undertaking on stamp paper in respect of the consignment in the container from which the narcotics were recovered which directly connected him with the container and its consignment---Amount of 58 Kilograms of heroin was too large an amount to be foisted especially as it was hidden in wooden tables at the back of…

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