Law:

Section:

(a) Sentence---Harder the sentence, stricter the standard of proof. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Recovery of narcotics---Sentence, quantum of---Principle---Sentences specified in Control of Narcotic Substances Act, 1997, depend upon quantity of recovered narcotic substance and not upon narcotic content of recovered substance---Quantity in such cases is determinative factor as far as the sentences are concerned---In all such cases, there should be no room for doubt as to the exact quantity of the substance recovered and also as to the entire recovered substances being narcotic substance---Accused person is at receiving end of long and stringent punishments and thus safeguards from his point of view should not to be allowed to be sacrificed at the altar of mere comfort or convenience of the prosecution. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Recovery of narcotics---Representative samples---Principle---Sample taken of a recovered substance must be a representative sample of the entire substance recovered---If no sample is taken from any particular packet/cake/slab or if different samples taken from different packets/cake/slab are not kept separately for their separate analysis by Chemical Examiner, then the sample would not be a representative sample and it would be unsafe to rely on mere word of mouth of the prosecution witnesses regarding the substance of which no sample has been taken or tested being narcotic substance---At least in some situations Control of Narcotic Substances Act, 1997, stipulates disproportionately long and harsh sentences and, therefore, for the purposes of safe administration of criminal justice, some minimum standards of safety are to be laid down so as to strike a balance between prosecution and defence and to obviate chances of miscarriage of justice on account of exaggeration by investigating agency--- Such minimum standards of safety are even otherwise necessary for safeguarding Fundamental Rights of citizens regarding life and liberty which could not be left at the mercy of verbal assertions of police officers which assertions are not supported by independent evidence…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492