Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)------S. 9(c)--Press conference--Seat of vehicle--Recovery witness--Safe custody and safe transmission--Acquittal of--During search of car, on pointation of accused/appellant further 90-packets of ‘charas’ from different parts of car were also recovered and total contraband in 94-packets was 112-Kgs and 800-grams--The Control of Narcotic Substances Act, 1997, is a special law that per kind and quantity of narcotic provides quantum of sentence separately--The appellant as per contents of crime report disclosed that he uses ‘charas’ and also supplies same to big dealers in different districts of Punjab but surprisingly neither appellant was got medico legally examined nor his blood test was got conducted--PW-4 ASI convened a press conference at police station on day of recovery wherein none from police party who captured contraband and accused/appellant except complainant was visible in photograph of press conference--The recovery witnesses in this regard are discrepant--The Investigation Officer (PW.7) has categorically stated that he never returned parcels to complainant after receiving same from him--The vehicle was produced in Court but at that time back of rear seat was intact--According to recovery witnesses nothing was written on recovered packets of contraband--The parcels were desealed inside Court--These witnesses actually never ever saw contraband before it was produced in Court--The three witnesses of recovery are not consistent even with regard to place of recovery--Moharrar (PW.3) has stated that on 18.09.2021 be handed over 94-sealed parcels of ‘charas’ of remaining quantity and ‘Wattak’ amount of Rs. 1,20,000/- to SI/NIV for their transmission to Malkhana Saddar Bahawalpur and Investigation Officer also recorded his statement under section 161 of Criminal Procedure Code, 1898--There was no case diary dated 18.09.2021 in police file--ASI (PW.7) he though supports statement of PW.3 to effect that on 18.09.2021 HC/845 (PW.3) handed over to him parcels of remaining quantity of charas for onward transmission in Malkhana Saddar and on 18.09.2021 he was not Investigation Officer of this…