Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)---   ----S. 9(c)---Possessing and trafficking of narcotics---Appreciation of evidence---Benefit of doubt---Glaring contradictions existed in the prosecution case---Prosecution evidence was silent about the exact quantum of contraband recovered from each seats of vehicle---Such contradiction was fatal to the case of the prosecution---Murasila and the F.I.R., showed that the recovered contraband was kept in the secret cavities prepared for the purpose, but during court inspection, no such cavities were found in the vehicle in question, thus negating the prosecution version---Muharrir whose name had been introduced in the court statements of the prosecution witnesses, had neither been shown in the Murasila, nor in the F.I.R. to be a member of Police party, nor was shown as a witness to the recovery memo--Said overt act on the part of prosecution had negated the prosecution version regarding presence of said Muharrir at the relevant time---One prosecution witness in his cross-examination had stated that the case property and accused were brought to the Police Station along with Murasila, but that version was controverted by another prosecution witness and from such conflicting stances, it could not be inferred as to which one was correct---Non-recovery of driving licence and registration book of the vehicle had also caused dent to the prosecution case---One of accused persons was a juvenile at the time of alleged occurrence---Nothing was on record to show that accused person, ever remained involved in such like crimes---Vehicle in question was on rent; which was neither owned by either of accused persons, nor any one of them was a driver---Conscious knowledge of the contraband had also become doubtful---Conviction and sentence recorded by the Trial Court, could not be maintained on basis of scanty and deficient evidence produced by the prosecution---Single doubt was sufficient for extending benefit of doubt to accused, whereas in the present case there were sufficient contradictions, which led to the conclusion that not only the investigation, but the evidence of the prosecution was fraught with numerous…

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