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---Benefit of doubt---Scope---Prosecution case was that ten kilograms charas and 800 grams opium were recovered from the secret cavities of the vehicle driven by accused---Complainant, during his cross-examination, gave the details of the recovery from each door and making of the parcels, however did not utter a single word in his examination-in-chief about extraction of any sample, arrival of the Investigating Officer and handing over of parcels to him---Police Constable/recovery witness reiterated what Seizing Officer had stated---Charas was found to be in nine pieces, but the Seizing Officer had not mentioned a word that the charas was recovered in pieces---During production and exhibition of the parcels before the Trial Court, the charas and opium were found in one parcel, having the seal of police station thereon, which was again a surprise as according to the Seizing Officer, two parcels were prepared separately---Recovery witness also did not mention about arrival of the Investigating Officer at the place of recovery nor did he state that the narcotics and car were handed over to him---Statement of both the witnesses with regard to recovery of the contraband and preparation of the parcels had made the recovery doubtful---Circumstances established that the prosecution had failed to prove the charge against the accused beyond shadow of doubt---Appeal against conviction was allowed accordingly. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and transmission of narcotics for analysis---Scope---Prosecution case was that ten kilograms charas and 800 grams opium were recovered from the secret cavities of the vehicle driven by accused---Record showed that the Malkhana Incharge had not been produced to corroborate the testimony of the Investigating Officer, regarding handing over the parcels to him---In absence of the deposition of the Malkhana Incharge with whom allegedly the parcels were deposited, the safe custody and transmission of…

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