Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S.28---Complainant as investigating officer---Scope---Held, there was no bar in law which restricted the Investigating Officer and Seizing Officer from acting as complainant. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Appreciation of evidence---Sentence, reduction in---Possession of narcotics---Officials as recovery witnesses---Failure to return wrappers of samples---Ailment of accused---Reduction in sentence---Accused was arrested during raid and 58 kilograms of Chars in a packing of one kilogram each was recovered from his possession--Investigating officer took 10 grams from each packet as sample and sent the same for chemical examination---Accused was convicted and sentenced for life imprisonment---Plea raised by accused was that no public witness was associated at the time of recovery and wrappers in which samples were packed were not returned by Chemical Examiner---Validity---Nobody was available at the spot at the time of arrest and recovery from accused---Investigating officer had rightly made Masheers from the members of raiding parties---Once it had been mentioned in Chemical Examiner's report that samples were consumed during test, the wrappers containing samples, being empty, were not required to be sent back by Chemical Examiner---Presence of accused on motorcycle along with sack of 58 bags each containing one kilogram of Chars and apprehension by Anti Narcotic Force officials was not denied specifically by. accused---Accused, in his statement under S. 342, Cr.P.C., had stated that Chars was not his property and had been foisted upon him by police---Prosecution proved the guilt of accused beyond reasonable doubt and had successfully discharged its burden through consistent and confidence inspiring evidence---High Court did not find any illegality or infirmity in the passed by Trial Court warranting interference in appeal---Accused was diabetic which resulted in amputation of his right leg, therefore, keeping in view the ailment of accused High Court reduced quantum of sentence from life imprisonment to that of 20 years---Appeal was disposed of…

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