Law: Control of Narcotic Substances Act, 1997

Section: 9(1)3(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(1)3(c)--Conviction and sentence--Challenge to--Recovery of charas--Evidence--It is trite law that oral evidence cannot be given preference over documentary evidence.   [P. 674] A 2004 SCMR 826. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(1)3(c)--Documentary evidence--“Best evidence rule”--Recovery of charas--Conviction and sentence-- Even otherwise, it is also well settled that documentary evidence is always considered as best evidence and “Best Evidence Rule” excludes oral assertions/ depositions; in this regard.        [P. 674] B PLJ 2023 Cr.C. 581 & 2025 CLC 228. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(1)3(c)--Documentary evidence--Conviction and sentence--Recovery of charas--A document can be rebutted by a document having better legal sanctity only; it goes without saying that documentary evidence always takes preference over oral deposition/ assertion because man can tell a lie but document cannot.                                                                                               [P. 674] C 2023 CLD 1436. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(1)3(c)--Safe custody of parcel of sample--Recovery of charas--Conviction and sentence--Chain of safe custody of “parcel of sample” has been compromised in this case i.e. same has not been established/proved in this case/ Now law is well settled on point that chain of safe custody of “parcel of sample as well as of allegedly recovered case property” is to be proved otherwise, conviction is not possible and it straightaway…