Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Huge quantity of incriminating articles was recovered from the secret cavities of the truck intercepted by Anti-Narcotic Force Staff---Nexus of both accused persons with the truck had also been established on the record---No doubt, said truck was registered in the name of someone else, but ownership of truck in the name of one of accused was established on the record---Parcel/packets separated for Chemical Analysis were tested positive by the Forensic Science Laboratory---Both accused persons had recorded their confessional statements before the Judicial Magistrate which statements proved to be voluntarily recorded and without any duress and compulsion, and no reason was available to disbelieve them---Presence of said witnesses had also been admitted by one of the accused---Prosecution, in circumstances, had established without any reasonable doubt the presence of huge quantity of incriminating substance recovered from the secret cavities of the truck which was well within the conscious knowledge of both accused; and mens rea of both accused persons, in circumstances, was also established on record---Prosecution witnesses were consistent in their version with no material contradictions in their statements---When it was established on record that the recovered material was narcotics, then it became the turn of the person who was booked for the offence to rebut the material brought against him by the prosecution---Defence version given by accused persons, was also not helpful as they had failed to rebut the evidence against them---Appeal filed by said two accused persons was dismissed and conviction and sentence awarded to them by the Trial Court were maintained. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Accused proved to be unaware of the conscious knowledge of the presence of the narcotics in the truck in question---Prosecution in its case had also failed to establish as to whether said accused had knowledge of the presence of narcotics in the secret cavities…

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