Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic substances---Appreciation of evidence--Benefit of doubt---Safe custody and transmission of narcotic and samples not established---Prosecution case was that 1580 grams and 1130 grams charas was recovered from the accused-appellants respectively---In the present case, the complainant deposed that the narcotic substances recovered from the appellants were seized, sealed into two separate parcels under memo. of arrest, and thereafter handed over to Head Constable, Head Moharrar, as reflected from the entry No.107 of 2023 dated 28.04.2023---Investigating Officer stated that on the same day, i.e., 28.04.2023, he proceeded to the place of incident, and later on 03.05.2023 deposited the sample parcels in the office of the Chemical Examiner---Head Constable asserted that on 02.05.2023, the said parcels were delivered by him to Investigating Officer---Perusal of the extract of Register No.XIX revealed that in column No.2, the name of complainant along with the date of occurrence had been incorporated, but in columns No.6 and 7, it was recorded that the entire case property was handed over to Investigating Officers on 02.04.2023---Said date preceded the alleged occurrence of the offence, which, according to the prosecution itself took place on 28.04.2023---No explanation whatsoever had been furnished by the prosecution as to how the case property could have been handed over or received on a date anterior to the incident---Such a glaring contradiction shook the very foundation of the prosecution's claim of safe custody and transmission of the narcotics--Chemical Examiner's report recorded that two sample parcels were received in the said office on 03.05.2023 under memorandum dated 02.05.2023, bearing date 29.04.2023, through Investigating Officer---Such inconsistency in dates and absence of any cogent explanation casted serious doubt upon the integrity of the chain of custody, which was a condition precedent for the report of the Chemical Examiner to be treated as reliable evidence---Appeal against conviction was allowed, in circumstances. (b) Control of Narcotic Substances…