Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25,29

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 4,5

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Control of Narcotic Substances Act (XXV of 1997)--- ---Ss. 9(c), 25 & 29---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr.4 & 5---Criminal Procedure Code (V of 1898), S.103---Possession of narcotics---Appreciation of evidence---Recovery of contraband and registration documents and number plates of the vehicle from accused corroborated the prosecution story---Accused failed to explain plausibly the purpose of his journey in public/government vehicle without . permission of the officer concerned---No reason for false implication through planting huge quantity of contraband was alleged or established---Section 25 of the Control of Narcotic Substances Act, 1997 excluded the operation of S.103, Cr.P.C. in narcotic cases wherein recovery was made on highway, road side or from a moving vehicle---Rules 4 & 5 of Control of Narcotic Substances (Government Analysts) Rules, 2001 placed no bar on the Investigating Officer to send the samples beyond/after 72 hours of the seizure, receive the Forensic Science Laboratory report after 15 days and place the report so received before the Trial Court---Rules 4 & 5 being directory and not mandatory, could not control the substantive provisions of the Control of Narcotic Substances Act, 1997 and the same had to be applied in such a manner that would not frustrate the purpose of the Control of Narcotic Substances Act, 1997---Failure to follow Rr.4 & 5 of the Control of Narcotic Substances (Government Analysts) Rules, 2001 would not render the search, seizure and arrest under Control of Narcotic Substances Act, 1997 an absolute nullity---In the absence of any allegation of tampering with the contraband, delay would not affect the result of analysis---Accused failed to rebut the presumption of possession of illicit articles under S.29 of the Control of Narcotic Substances Act, 1997 and could not point out any illegality or non-reading or misreading of evidence warranting interference of High, Court in appellate jurisdiction---Appeal was dismissed in circumstances.? (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 25---Criminal Procedure Code (V of 1898), S.103---Exclusion of…

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