Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-association of private persons---Charas weighing 5000 kilograms was allegedly recovered from accused---Record showed that the accused was arrested from a chowk which was a thickly populated area and the complainant had sufficient time to call the independent persons of locality to witness the recovery proceedings but it was not done by him for reasons best known to him and only the Police Officials who were subordinates to the complainant were made as mashirs of arrest and recovery proceedings---Judicial approach had to be conscious in dealing with the cases in which entire testimony hinged upon the evidence of Police Officials alone--Provisions of S.103, Cr.P.C., are not attracted to the cases of personal search of accused in narcotic cases but where the alleged recovery was made on a road (as had happened in this case) and people were available there, omission to secure independent mashirs, particularly, in the police case could not be brushed aside lightly---No explanation was on record as to why independent witness had not been associated in the recovery proceedings---No doubt police witnesses were as good as other independent witnesses and conviction could be recorded on their evidence, but their testimony should be reliable, dependable, trustworthy and confidence worthy---If such qualities were missing in their evidence, no conviction could be passed on the basis of evidence of police witnesses---Appeal against conviction was allowed, in circumstances.(b) Criminal Procedure Code (V of 1898)-------S. 103---Search and arrest, mode of---Search to be made in presence of witnesses---Prime object of S. 103, Cr.P.C., is to ensure transparency and fairness on the part of police during course of recovery; to curb false implication and minimize the scope of foisting of fake recovery upon accused.(c) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt--Discrepancies in the evidence of witnesses---…