Law: Control of Narcotic Substances Act, 1997

Section: 9(C)

1. Control of Narcotic Substances Act (XXV of 1997)---

----S. 9(c)---Possession of narcotic substance---Re-appraisal of evidence---Three hundred and twenty (320) packets of charas weighing one kilogram each were recovered from the vehicle driven by the petitioner, and the prosecution was able to prove through independent and reliable evidence, petitioner's conscious possession thereof---After the recovery of the said contrabands, one consolidated sample weighing 3.200 kilograms was secured, which was subsequently tested positive by the Federal Narcotics Testing Laboratory ("Laboratory")---Safe custody and safe transmission of the sample of the recovered substance from the local Police Station to the Laboratory had been proved by the prosecution before the Trial Court--Subsequently, a report received from the Laboratory in that respect was in the positive---Witnesses of the recovery were public servants who had made consistent statements against the petitioner, and they had no background of ill-will against the petitioner, to falsely implicate him---Conviction of petitioner under section 9(c) of the Control of Narcotic Substances Act, 1997 was maintained---Petition for leave to appeal was dismissed to the extent of conviction of the petitioner.

1. Control of Narcotic Substances Act (XXV of 1997)---

----S.9(c)---Possession of narcotic substance---Re-appraisal of evidence---Sentence, reduction in---One consolidated sample collected from multiple packets and sent for chemical testing---Effect---Gross negligence and callous attitude of officials in the investigation and proseuction of narcotic substances cases---Three hundred and twenty (320) packets of charas weighing one kilogram each were recovered from the vehicle driven by the petitioner---Petitioner was convicted by the Trial Court under Section 9(c) of the Control of Narcotic Substances Act, 1997 ("Act") and was sentenced to imprisonment for life with a fine of Rs.100,000---Said conviction and sentence was upheld and maintained by the High Court---Held, that most striking feature of the present case was the gross negligence and callous attitude in the investigation of the present case, as only one consolidated sample weighing 3.200 Kilograms was separated from the recovered charas contained in 320 separate packets (total weight 320 Kilograms) for chemical analysis---This mode and manner of obtaining sample was a clear violation of the settled law that the samples had to be separated from each and every packet of the narcotic substance recovered and each such sample had to be tested by the Chemical Examiner separately---In the present case, admittedly, one consolidated sample weighed 3.200 kilograms and, thus, only 3.200 kilograms of charas could be considered for the purposes of the conviction and sentence of petitioner---Petition was dismissed to the extent of the petitioner's conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997 but was converted into an appeal and partly allowed to the extent of the petitioner's sentence which was reduced to rigorous imprisonment for six years and 6 months and a fine of Rs,30,000/- (Rupees thirty thousand only).