Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Trafficking of narcotics---Appreciation of evidence---Version of the prosecution seemed to be very plausible and appealable to the common sense, whereas the version of accused being based on denial simpliciter, did not appeal to logic and reason---Huge quantity of 76 kilograms of charas, could not be thrusted upon accused without any serious enmity of the prosecution witnesses---No reason existed to believe that accused were falsely involved in the case by letting the actual culprits free---Prosecution had fully proved that accused at the relevant time was driving the truck in question with whom co-accused was also present and charas weighing 76 kilograms was recovered from the secret cavities of the truck in question---Prosecution was not legally required to prove the link of accused with the truck in the capacity as owner or driver because case had to be decided on the basis of facts, which had come on record---Presence of accused persons in the truck at the relevant time, their arrest on the spot and recovery of charas from the secret cavities of the truck stood established beyond any reasonable doubt and the Trial Court had rightly discarded the version of defence---Charas weighing 76 kilograms having been recovered from the secret cavities of the truck, driver and his companion on a long journey, would be supposed to have knowledge of the goods on board---Murasila, F.I.R., recovery memos and deposition of prosecution witnesses would show that the samples were taken from all the packets with a small quantity from each slab for chemical analysis and same were found as charas by the Laboratory---Presence of such a direct evidence in absence of any mala fide or enmity, was sufficient enough to believe the involvement of accused in the commission of offence---No material discrepancy having been noticed in the testimony of the prosecution witnesses, the well reasoned findings of the Trial Court holding accused persons guilty of the charge, were not open to any exception---Accused appeared to be just transporters/carriers of the contraband working for others---Officials had not tried to nab the…

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