Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)------- Ss. 9(c), 20, 21, 22 & 25---Criminal Procedure Code (V of 1898), Ss.103 & 537-- Spy information---Opium weighing 1100 grams was recovered on the pointation of accused from the house which belonged to his host---Search warrant under Ss.20, 21 & 22 of Control of Narcotic Substances Act, 1997 was not obtained before conducting the raid---Independent witnesses, though available at scene of occurrence were not associated---Exact quantity of recovered contraband narcotics was dubious---Neither accused appeared as his own witness nor he led any defence evidence---Trial Court awarded accused with punishment of seven years' R.I.---Validity---Sections 20, 21 & 22 of the Act were directory in nature non-compliance of which would not be a ground for holding the conviction bad in the eye of law---Such would merely be an irregularity curable under S.537, Cr.P.C.---In absence of penal consequences non-compliance of Ss.20, 21 & 22 of the Act was not fatal---Contention that police associated no respectable from the locality was repelled as S.25 of Control of Narcotic Substances Act, 1997 has expressly excluded the application of S.103, Cr.P.C. to the cases registered under the Act---Exact quantity of recovered opium was highly doubtful-- Severity of punishment under S.9(c) of the Act having direct nexus with the quantity of recovered narcotics, prosecution's duty was therefore, two-fold; firstly to establish guilt of accused for having possession of narcotics; secondly to establish through reliable evidence the particular quantity said to have been recovered---No evidence having been adduced to prove the exact quantity recovered from the accused, sentence prescribed by S.9(c) of Control of Narcotic Substances Act of 1997 could not be awarded. (b) Words and phrases------- Word "may" as used in S.20 of Control of Narcotic Substances Act, 1997---Scope---Word "may" in said section has been used with reference to obtaining search warrant to effect search of a house, place, premises etc. (c) Witness------- Police officials being public servants were as good witnesses as arty…