Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of recovered substance and its transmission for analysis not proved--Accused was found to be in possession of four kilograms charas---Seizing Officer deposed in line as incorporated by him in his murasila---According to complainant, during patrolling duty, on a tip off, 4 kilograms of charas in slate form was recovered from the accused held by him in a polythene bag in his hand---Similarly recovery witness, while supporting his testimony, came up with same version of recovery of the narcotic substance from the accused---Seizing Officer as well as recovery witness did not mention in their deposition that after recovery, as to whom the recovered narcotic were handed over for its safe custody---Said witnesses also failed to mention about arrival of the Investigating Officer at the place of recovery---Head Moharir was the Malkhana Incharge, who had been produced to prove the safe custody and onward transmission of the narcotic to the Forensic Science Laboratory, who stated that on 09.10.2022, Investigating Officer handed over to him parcels Nos. 1 to 4, pertaining to samples of charas, each containing 10 grams and parcels Nos.1-A to 4A, each containing 990 grams of charas, whereof he made entry at serial No. 1585 of Register No.19 and produced certified copy of the extract of Register No.19---During cross-examination, Head Moharir stated that parcel Nos.1 to 4 pertaining to the samples were received by the Investigating Officer on 11.10.2022 for onward transmission to Forensic Science Laboratory---Investigating Officer exhibited the Forensic Science Laboratory Reports, wherein date of receipt was mentioned as 11.10.2022, which contradicted the Forensic Science Laboratory Reports, because all of the Forensic Science Laboratory Reports showed date of receipt of the samples of the narcotic substance as 10.10.2022---Prosecution failed to offer any explanation, creating doubt the safe custody and transmission of narcotic substance, thus the entire case of the prosecution fell on the ground---Appeal against…

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