Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-association of private persons---Accused was found in possession of two kilograms charas---Record showed that though police party had advanced information about the availability of present accused along with charas but they did not bother to take with them any private person either from the place of information or from the place of incident to witness the event---Judicial approach has to be conscious in dealing with the cases in which testimony hings upon the evidence of Police Officials alone---Provisions of S. 103, Cr.P.C. are not attracted to the cases of personal search of the accused in such cases---However, where alleged recovery is made on a road (as had happened in the present case), omission to secure independent mashirs, particularly, in the case of spy information can not be brushed aside lightly by the court---No explanation on record why the independent witness had not been associated in the recovery proceedings---Appeal against conviction was allowed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 103---Search to be made in presence of witnesses---Object---Prime object of S. 103, Cr.P.C., is to ensure transparency and fairness on the part of police during the course of recovery; to curb false implications and minimize the scope of foisting fake recovery upon accused. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Police witnesses, testimony of---No doubt, police witnesses are as good as other independent witnesses and conviction can be recorded on their evidence, but their testimony should be reliable, dependable, trustworthy and confidence worthy---If such qualities are missing in their evidence, no conviction can be passed on the basis of evidence of police witnesses. (d) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Discrepancies and flaws in the evidence of witnesses---Accused was found in…

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