Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c)

Law: Criminal Procedure Code, 1898

Section: V,342

(a)    Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Benefit of doubt---Safe custody of the recovered contraband and its safe transmission to the laboratory not proved---Prosecution case was that 12-kilogram charas was recovered from the vehicle driven by the accused-appellant---Record showed that ASI/Muharrar stated that on 20.02.2021, the complainant of the case and the Investigating Officer of the case, handed over to him 150 sealed parcels said to contain samples drawn and separated from the recovered "Charas" and another 08 sealed parcels said to contain the remaining "Charas" and on 22.02.2021 he handed over the 150 sealed parcels said to contain samplesto a Constable for their onward transmission to the office of the Forensic Science Agency---Similarly, said Constable in his statement recorded by the Trial Court stated that on 22.02.2021, ASI/ Muharrar handed over to him 150 sealed sample parcels of Charas weighing 10 gm each, with the stamp of AA for their onward transmission to the office of Chemical Examiner which he deposited in the said office on the same day, intact--However, according to the contents of the report of Forensic Science Agency, the 150 sealed parcels said to contain samples were received in the Forensic Science Agency, on 22.08.2021---Moreover, a man could tell a lie but documents do not--Report of Forensic Science Agency was in direct contradiction to the statements of ASI/Muharrar and Constable, who both stated that the 150 sealed parcels said to contain samples drawn and separated from the recovered "Charas" were deposited in the Forensic Science Agency on 22.02.2021---It was not explained that in whose custody the 150 sealed parcels said to contain samples remained from 22.02.2021 to 22.08.2021---It was not explained that which prosecution witness deposited the 150 sealed parcels said to contain samples in the Forensic Science Agency, on 22.08.2021---Said portion of the prosecution evidence proved that there were missing links in the chain relating to the taking into possession the case property from the…