Law: Control of Narcotics Substances Act, 1997

Section: 9,21

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3/4

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9 & 21---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3/4---Criminal Procedure Code (V of 1898), S. 417(2-A)--Possession of narcotics---Appeal against acquittal---Appreciation of evidence---Accused had been acquitted on the ground that under the Police Order, 2002, the complainant was not incharge of investigation, but despite that he carried out the same, which was illegal and its benefit was to be given to accused---Validity---Finding of the Trial Court was against the law for the reason that Police Order, 2002 was not applicable to the case and provisions of Control of Narcotic Substances Act, 1997 were applicable thereto---According to S.21 of Control of Narcotic Substances Act, 1997, an officer not below the rank of Sub-Inspector of Police or equivalent would carry investigation in such a case---In the present case, Police Order, 2002 would have no role to play---Finding of the Trial Court, was set aside, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4---Criminal Procedure Code (V of 1898), S. 417(2-A)---Possession of narcotics---Appeal against acquittal---Appreciation of evidence---Sample was sent to the Laboratory for chemical analysis with unexplained delay of twenty eight days; due to such unexplained delay, process of alleged recovery had become doubtful---Contradiction existed in the statements of prosecution witnesses with regard to identification of accused---Both recovery witnesses were Police Officials and despite availability of private individuals on the spot none was associated with the recovery and search---Though S.25 of Control of Narcotic Substances Act, 1997 had excluded S.103, Cr.P.C., but great care and caution was to be taken for association of private witnesses if available at the time of arrest and recovery---Lady accused was arrested from a Coach where she was present along with other passengers, but Investigating Officer had failed to associate any of such passengers or even driver or conductor of the bus---Appeal against acquittal was dismissed in…

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