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

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 45 kilograms charas was recovered from the possession of the accused---Record showed that on spy pointation, accused was apprehended by complainant when he was sitting over a white colour sack---Complainant asked the people available at the place of the incident to join the arrest and recovery proceedings but they refused to act as mashir due to fear for their lives at the hands of drug sellers---Finally, in the presence of mashir Head Constable and a Police Constable, the arrest and recovery proceedings started---On search, the sack carried by accused was found containing charas in foil pack packets in shape of slabs which on weighing came out to be 45 kilograms, out of which 10/10 grams from each slabs were segregated as samples while the remaining was also sealed separately---Accused was thereafter arrested under memo of arrest and recovery was prepared in presence of mashirs---Complainant produced arrival and departure entries which showed the movement of the ANF Officials---Complainant had also produced all certain relevant documents pertaining to the case, as such, the accused having prior knowledge had been found responsible for selling huge quantity of charas to the customer in a sack carried by him---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any reasonable doubt---Appeal against conviction was dismissed, in circumstances. 2011 YLR 2261 and 2021 SCMR 363 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody and safe transmission of charas to the Office of Chemical Examiner established---Prosecution case was that 45 kilograms charas was recovered from the possession of the accused---Defence objected that the prosecution had failed to prove safe custody and safe transmission of Charas to the office of Chemical Examiner---Record showed that in the cross-examination of witnesses, no such question had been put by the defence that there was tampering with the…

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