Law: Control of Narcotic Substances Act, 1997

Section: 25 ; 9(b)

Law: Criminal Procedure Code, 1898

Section: 103

PLJ 2026 Cr.C. (Note) 24 [Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat] Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 25--Criminal Procedure Code, 1898 (V of 1898), S. 103--Conviction and sentence--Challenge to--Recovery of charas--Requirements of Section 103--Compliance of 103--Under Section 25 of CNSA, 1997 compliance of Section 103, Cr.P.C. is not mandatory--While there are rulings of hon’ble superior Courts both for and against application of Section 103, Cr.P.C., thrust of judicial opinion is that regardless of requirements of Section 103, Cr.P.C., police officials shall, where recovery has been effected in a public place, associate private persons with recovery proceedings--The hon’ble superior Courts held that this is necessary in order to lend credibility and ensure transparency in legal processes--Association of private witness to recovery will also ensure what is known as rule of caution.           [Para 16] A 2001 PCr.LJ 1865. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(b)--Recovery of charas--No independent witness was examined in case despite fact that occurrence took place during day time--In a 2013 case, while acquitting accused, hon’ble Court, among others, observed that non association of private witnesses to recovery proceedings, despite fact that a large number of people were present at crime scene, prosecution story appeared to be unnatural.                                  …