Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c),9(1)(6)(b)

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 6

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S.9(c)---Control of Narcotic Substances (Amendment) Act (XX of 2022), S. 9(1)(6)(b)---Possession and transportation of narcotic substances---Appreciation of evidence---Dishonest improvements and contradictions in the statements of witnesses---Prosecution case was that 1800-grams charas, 200-grams crystal/ice and 300-grams intoxication tablets were recovered from the possession of accused---Complainant in his statement recorded before the Court contended that he along with other Police Officials were on patrol duty that in the meanwhile, the spy/informer came and informed that the appellant possessing a huge quantity of contraband material was present at the graveyard, whereas, the recovery witness in cross-examination deposed that the spy/informer told about presence of appellant through mobile phone, whereafter, they proceeded to the place of occurrence---Complainant further deposed that when the appellant was apprehended, he conducted his personal search, while, recovery witness negating the statement of complainant stated that when the appellant was apprehended, a Constable made his search---During his statement, the complainant stated that when the contraband material recovered from the possession of the appellant was weighed, it appeared as baked charas 900 grams each (slate shape), total 1800 grams, crystal/ice 200 grams and intoxicant tables 300 grams; that out of the baked charas 10/10 grams were separated for chemical analysis and sealed in parcel Nos.1 and 2; that the remaining baked charas i.e. 890/890 grams were sealed in parcel No.3, whereas, remaining 190 grams were sealed in parcel No.3A, while from the recovered intoxicant tablets 10 grams were separated and sealed in parcel No.4, whereas, remaining 290 grams were sealed in parcel No.4-A, and black colour parcel No.5 was sealed in white colour sacks---Such portion of statement of the complainant was contradictory to the statement of recovery witness, as he in his statement nowhere stated about preparation of parcel No.4, which meant that either parcel No.4 was never prepared, or if it was prepared the same was not…