Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 161,164

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Benefit of doubt---Safe custody and transmission of sample parcels to the office of Chemical Examiner not established---Recovery was effected on 18.12.2013 and the sample parcels were received in the office of Chemical Examiner on 20.12.2013 by one police official but the said official was never produced before the Court---Moharrar of the Malkhana was also not produced to confirm that he kept the sample parcels in the Malkhana in safe custody from 18.12.2013 to 20.12.2013---Where and in whose custody the sample parcel remained during such time remained a mystery---So the safe custody and safe transmission of the sample parcels was not established by the prosecution and such defect on the part of the prosecution by itself was sufficient to extend benefit of doubt to the accused---Furthermore, there was no direct evidence available on record to indicate the accused had exclusive knowledge of presence of narcotics in the luggage lying in the boot of vehicle---Judicial confession of accused was exculpatory confession and from the said confession, conscious knowledge and conscious possession of the narcotics, qua the accused, was not established; hence, his conviction on such exculpatory statement/ confession was not sustainable---Appeal was allowed and accused was acquitted of the charge. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Possession of narcotic --- Safe custody and transmission of sample parcels to the office of Chemical Examiner not established---In cases under section 9(c) of the Control of Narcotic Substances Act, 1997, it is duty of the prosecution to establish each and every step from the stage of recovery, making of sample parcels, safe custody of sample parcels and safe transmission of the sample parcels to the concerned laboratory---Such chain has to be established by the prosecution and if any link is missing in such like offences the benefit must be extended to the accused---In a case containing the said defect on the part of the prosecution it cannot be held with any degree of certainty that the…

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