Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(b)

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(b)---Possession of narcotics---Appreciation of evidence--Contradictions in the statements of witnesses---Prosecution case was that 5000 grams hemp contained in gunny bag was recovered from the possession of accused---Complainant stated in his cross-examination that while patrolling, they checked some vehicles and thereafter proceeded to place of incident, while mashir/Police Constable contradicted such point by stating that they patrolled through highway and he did not mention anything about checking of vehicles in between---Complainant stated in his FIR and examination-in-chief that accused on seeing police party tried to escape but in his cross-examination he himself contradicted by stating that accused did not escape and they apprehended him--Mashir also stated in his examination-in-chief that accused tried to escape but he contradicted the same during his cross-examination by stating that accused did not escape---Complainant claimed during cross-examination that he himself conducted personal search of accused while he was in custody of mashir which was contradicted by mashir by stating in his cross-examination that accused was in custody of other Police Constable at that time---Complainant claimed in his cross-examination that he had looked around but no person was there at that time to act as mashir which was contradicted by (police) mashir who stated that at that time people were passing through the road but nobody was willing to act as mashir---Complainant stated in his cross-examination that he prepared memo. of arrest and recovery himself which was too was contradicted by mashir in his cross-examination by stating that other Police Constable had written memo. of arrest and recovery on the dictation of complainant--Investigating Officer stated in his examination-in-chief that due to nonavailability of private persons he associated police mashirs during inspection of place of occurrence which was contradicted by complainant and mashir who stated that he did not pick any person to act as mashir, though admittedly place of occurrence was a public road and there were…